08-24-2006 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
AUGUST 24, 2006
Present: David B. Norris, Mayor
Dr. Edward M. Eissey, Vice Mayor
William Manuel, President Pro Tem
Charles R. O'Meilia, Councilman
Judy M. Pierman, Councilman
Mark Bates, Village Manager
George W. Baldwin, Village Attorney
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Norris 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 Manuel gave the invocation, and Mayor Norris led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF NIINUTES
Minutes of the Interview Meeting held 8/9/06 and Minutes of the Regular Session held 8/10/06
were approved as written.
STATEMENTS FROM THE PUBLIC
Eddie D'Ambra, J.E.D.L., Inc., 6921 Briarlake Circle, Palm Beach Gardens, addressed the
Council regarding his intent to terminate his food and beverage operation at the North Palm
Beach Country Club. Mr. D'Ambra proposed to assign his lease to Continental Catering.
Randy Epstein, Peas and Carrots Concessions d/b/a Continental Catering, distributed a proposal
to assume the food and beverage lease at the Country Club.
Mr. Baldwin opined that staff and the Village Attorney should review the lease terms, which
may not allow assignment, so that Council can consider whether to go out for proposals or
amend the current lease.
Brief discussion ensued on the Palm Beach County League of Cities luncheon, which the Village
is scheduled to host at the end ofNovember.
• A special meeting will be scheduled to discuss the food and beverage lease for the Country Club.
MINUTES OF REGULAR SESSION HELD AUGUST 24, 2006
BILL 1209 -EMERGENCY GENERATORS -PLACED ON FIRST READING
• Councilman O'Meilia moved to remove from the table a proposed ordinance amending the Code
of Ordinances to provide requirements for permanent installation of emergency generators at
new or reconstructed service stations and installation of transfer switches within two years at all
other service stations. President Pro Tem Manuel seconded the motion, which passed unanimously.
Vice Mayor Eissey moved that Bill 1209 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE I, IN GENERAL, OF APPENDIX C, ZONING,
OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING SECTION 45-6
THERETO ENTITLED "EMERGENCY GENERATORS -REQUIRED FOR AUTOMOTIVE
SERVICE STATIONS" TO PROVIDE THAT ALL NEWLY CONSTRUCTED
AUTOMOBILE SERVICE STATIONS WHICH SELL GASOLINE OR OTHER
PETROLEUM PRODUCTS SHALL HAVE A PERMANENTLY INSTALLED EMERGENCY
GENERATOR; PROVIDING THAT EXISTING AUTOMOTIVE SERVICE STATIONS
WHICH SELL GASOLINE OR OTHER PETROLEUM PRODUCTS SHALL BE REQUIRED
TO INSTALL PERMANENT EMERGENCY GENERATORS WHENEVER SUCH SERVICE
STATION IS REBUILT AFTER BEING DESTROYED TO AN EXTENT OF MORE THAN
FIFTY. (50)_PERCENT OF ITS ASSESSED VALUE OR WHENEVER A REVISED SITE
-- _ _ __
PLAN FOR SUCH SERVICE STATION IS SUBMITTED FOR APPROVAL WHICH
ENLARGES UPON OR ALTERS IN ANY WAY THE ORIGINAL SITE PLAN FOR THAT
• SERVICE STATION; PROVIDING FOR INSTALLATION OF TRANSFER SWITCHES BY
be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion,
which passed unanimously.
SERVICE STATIONS WITHIN TWO (2) YEARS OF PASSAGE OF THIS ORDINANCE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
BILL 1211 -GENERAL FUND BUDGET AMENDMENT -PLACED ON FIRST READING
President Pro Tem Manuel moved that Bi111211 entitled
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR
2005-2006 TO TRANSFER FUNDS FROM UNRESTRICTED UNRESERVED FUND
BALANCE IN THE AMOUNT OF $372,628
be placed on first reading and read by title alone. Vice Mayor Eissey seconded the motion, and
all present voted aye.
BILL 1212 -COUNCIL COMPENSATION -PLACED ON FIRST READING
• Vice Mayor Eissey moved that Bill 1212 entitled
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MINUTES OF REGULAR SESSION I3ELD AUGUST 24, 2006
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
• BEACH, FLORIDA, AMENDING SECTION 2-16 OF ARTICLE II, COUNCIL, OF
CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE BY INCREASING
COMPENSATION OF THE MAYOR AND VILLAGE COUNCIL; 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. President Pro Tem Manuel seconded the
motion and all present voted aye.
CONSENT AGENDA
Item 6.D.2 was removed from the consent agenda. Councilman Pierman moved to approve the
Consent Agenda. Councilman O'Meilia seconded the motion, and all present voted aye. The
following items were approved:
Receive minutes of General Employees Pension Board meeting held 6/7/06
Receive minutes of Code Enforcement Board meeting held 8/7/06
MINUTES OF COUNTRY CLUB ADVISORY BOARD MEETING HELD 7/10/06
ViceMayor Eisseymoved to approve the Minutes ofthe-Country Club AdvisoryBoardmeeting
held 7/10/06. Councilman Pierman seconded the motion. Discussion ensued on a correction to
page 3, ¶3 of the minutes to strike references to the MGA, as made by the Country Club Advisory
• Board at its last meeting. Vice Mayor Eissey moved to table this item. Councilman O'Meilia
seconded the motion, which passed unanimously.
RESOLUTION - DOMANI P.U.D. EXTENSION -TABLED TO 9/28/06
Councilman O'Meilia moved to remove from the table a proposed resolution approving a minor
modification to the Domani P.U.D. by extending the commencement of development until
1/14/07. President Pro Tem Manuel seconded the motion, which passed unanimously.
Pursuant to discussions with Kolter Properties, Mr. Bates recommended that action on this item
be deferred to the 9/28/06 Regular Session.
Councilman O'Meilia moved to table this item to the 9/28/06 meeting. Councilman Pierman
seconded the motion, and all present voted aye.
RESOLUTION 2006-62 ADOPTED -LEGAL REPRESENTATION AGREEMENT
Vice Mayor Eissey moved that Resolution 2006-62 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 AN AGREEMENT WITH LEONARD G. RUBIN, P.A., A
FLORIDA CORPORATION, AND THE LAW OFFICE OF GLEN J. TORCIVIA AND
ASSOCIATES, P.A., A FLORIDA CORPORATION ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT PROVIDES LEGAL REPRESENTATION TO THE VILLAGE OF NORTH
PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE
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MINUTES OF REGULAR SESSION HELD AUGUST 24, 2006
be adopted. Councilman O'Meilia seconded the motion. During discussion, the following
• changes were made to the agreement: ¶1 C was revised to read "To prepare or review all
resolutions, ordinances, charter amendments, referenda, contracts, agreements and Council
agenda items, as requested (all requests shall be directed to the FIRMS from the Village Council,
individual Village council members, Village Clerk, Village Manager, or Department Heads upon
approval of the Village Manager); ¶1D was revised to add "individual Village council members"
after Village Council, and the comma after Department Heads was deleted; the phrase "and such other
meetings or matters as requested by the Village Council" was added to the end of¶1 F; in ¶7, the
word aggregate was changed to each Councilman O'Meilia moved to amend the agreement to
incorporate the agreed upon changes. Vice Mayor Eissey seconded the motion to amend and all
present voted aye. Thereafter, the original motion, as amended, passed unanimously.
The Village Council acknowledged this as the last meeting Mr. Baldwin would attend as Village
Attorney, and expressed thanks for his many years of service.
MAYOR AND COUNCIL MATTERS/REPORTS
Mr. Bates introduced the new Library Director, Dr. Donna Riegel.
Councilman Pierman announced a "Meet the Candidates" reception on Friday, August 25, 2006.
Councilman O'Meilia reported that the Wellington vs. Palm Beach County annexation lawsuit is
active and ongoing, and that the Boca Raton-Delray Beach vs. Palm Beach County lawsuit
• regarding level of service is going to trial.
Mr. Bates gave an update on Country Club memberships.
Discussion took place concerning a letter from the Palm Beach County League of Cities
regarding the installation of POW/MIA Memorial Highway signage along U.S. Highway 1. By
consensus, the Council directed that a resolution be prepared for the next meeting.
VILLAGE MANAGER MATTERS/REPORTS
James Fleischmann, LRM, Inc., gave a status report on the Village's Evaluation and Appraisal
Report (EAR). Mr. Fleischmann noted that the EAR will be reviewed by the Planning
Commission and brought back to the Council in October for approval. Mr. Fleischmann advised
that the Council has the option to adopt it by resolution or by ordinance, and recommended its
adoption by resolution. A draft copy will be issued to the Council in the next two weeks.
Mr. Bates reported that the Audit Committee has not yet established a ranking for the proposals
for Independent Auditing Services and this item will be brought back to the 9/14/06 meeting.
Mr. Bates briefly reviewed landscaping at the golf course. Discussion ensued regarding
replacement of monuments for former Mayors V.A. Marks and Tom Lewis at the golf course.
Building Official Charles Cangianelli reported that both monuments are to be re-installed.
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MINUTES OF REGULAR SESSION HELD AUGUST 24, 2006
AUDIT COMMITTEE REPORT AND RECOMMENDATION
Audit Committee Chairman Tom Magill reported that responses to the Village's RFP for
Independent Auditing Services were reviewed by the Audit Committee today, and the
Committee will rank the firms and provide its recommendation to Council by 9/14/06, after
conducting interviews with the auditors. Village Attorney George Baldwin reviewed the
statutory requirements for ranking of auditors by the Audit Committee and Village Council.
Discussion ensued on the selection process. Mr. Magill invited the Council to attend the next
Audit Committee meeting tentatively scheduled for 2:30 p.m. on 8/30/06.
Mr. Magill reviewed the Audit Committee's recommendation for items as the subject of an
internal audit. This issue will be placed on the next agenda for further discussion.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:00 p.m.
Melissa Teal, CMC, Village Clerk
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