05-12-2005 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 12, 2005
Present: Dr. Edward M. Eissey, Mayor
David B. Norris, Vice Mayor
Robert F. Rennebaum, President Pro Tem
Charles R. O'Meilia, Councilman
Donald G. Noel, Councilman
Mark Bates, Village Manager
George W. Baldwin, Village Attorney
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Eissey 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 Noms gave the invocation, and Councilman O'Meilia led the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
Assistant Village Manager Doug Smith introduced Kathy Olds, the new Library Director.
Village Manager Mark Bates introduced the new Head Golf Professional, Danny Caverly.
APPROVAL OF MINUTES
The Minutes of the Special Session held 4/28/05, the Public Hearing held 4/28/05 and the
Regular Session held 4/28/05 were approved.
BILL 1169 -LARGE-SCALE COMP PLAN AMENDMENT -MARINER COURT -
PLACED ON FIRST READING
Councilman Noel moved that Bill 1169 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSNE PLAN
AMENDMENT DESIGNATED AS AMENDMENT OS-1 TO THE ADOPTED
COMPREHENSNE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSNE 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 EFFECTNE DATE.
MINUTES OF REGULAR SESSION HELD MAY 12, 2005
be placed on first reading and read by title alone. Vice Mayor Norris declared a voting conflict.
• President Pro Tem Rennebaum seconded the motion.
Jim Fleischmann, Land Research Management, reviewed the comprehensive plan amendment.
During discussion, the following changes to Exhibit "A" were requested: add Medium Density
Residential to the Land Use Key on page A-2; in Section 2.1.B, on page 2-5, list the location as
east side of U.S. Highway No. 1.
The motion passed unanimously.
BILL 1170 -REZONING LAND FROM C-1 NEIGHBORHOOD COMMERCIAL TO R-3
APARTMENT DWELLING DISTRICT
Councilman O'Meilia moved that Bill 1170 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REZONING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF
U.S. HIGHWAY NO. 1, SOUTH OF PGA BOULEVARD AND ADJACENT TO THE
PASSIONIST MONASTERY, VILLAGE OF NORTH PALM BEACH, CONSISTING OF
7.004 ACRES OF LAND, MORE OR LESS, WITHIN THE VILLAGE AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED FROM C-1,
NEIGHBORHOOD COMMERCIAL DISTRICT, TO R-3, APARTMENT DWELLING
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTNE DATE
be placed on first reading and read by title alone. Councilman Noel seconded the motion, which
passed unanimously.
BILL 1171 -CODE AMENDMENT -PARKING RESTRICTIONS -PLACED ON FIRST
READING
Councilman Noel moved that Bill 1171 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 18-34, PARKING RESTRICTED, OF ARTICLE
III, STOPPING, STANDING AND PARKING, OF CHAPTER 18, MOTOR VEHICLES AND
TRAFFIC, OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING A
SUBSECTION (d) THERETO TO PROVIDE PARKING RESTRICTIONS FOR ALL
VEHICLES ON STREETS AND HIGHWAYS LOCATED WITHIN THE R-3, APARTMENT
DWELLING DISTRICT, 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. Councilman O'Meilia seconded the motion, and
all present voted aye.
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MINUTES OF REGULAR SESSION HELD MAY 12, 2005
BILL 1172 -CODE AMENDMENT -GENERAL EMPLOYEES PENSION PLAN -PLACED
• ON FIRST READING
Councilman Noel moved that Bill 1172 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 2-156, MISCELLANEOUS, OF DIVISION 3,
PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES, OF
ARTICLE V, PENSIONS AND RETIIZEMENT SYSTEMS, OF CHAPTER 2 OF THE CODE
OF ORDINANCES OF THE VILLAGE BY ADDING A SECTION ENTITLED
"BARGAINING UNIT EMPLOYEES"; 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 Norris seconded the motion,
which passed 4 - 1, with Councilman Noel, Vice Mayor Norris, President Pro Tem Rennebaum
and Mayor Eissey in favor, and Councilman O'Meilia opposed.
RESOLUTION 42-2005 ADOPTED -GOLF COURSE MASTER PLAN DESIGN
Councilman Noel moved to take from the table a proposed resolution accepting the proposal of
Nicklaus Golf Design, LLC, for a golf course conceptual master plan. Councilman O'Meilia
seconded the motion, and all present voted aye.
Vice Mayor Norris moved to adopt Resolution 42-2005 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF NICKLAUS DESIGN, LLC,
ATTACHED AS EXHIBIT "A", WHICH PROPOSAL IS FOR THE PURPOSE OF THE
VILLAGE SECURING DESIGN SERVICES FOR A GOLF COURSE CONCEPTUAL
MASTER PLAN AT THE NORTH PALM BEACH COUNTRY CLUB; FUNDS TO BE
EXPENDED FROM ACCOUNT L8070-49910 (COUNTRY CLUB RESERVE-CONTINGENCY);
AND, PROVIDING FOR AN EFFECTIVE DATE
Councilman O'Meilia seconded the motion.
During discussion, the Village Manager was directed to verify that the firm has current workers'
compensation and liability insurance policies. A correction was noted to the caption and body of
the resolution, regarding the title of the account, which is Country Club Reserve-Contingency.
Thereafter, the motion passed unanimously.
RESOLUTION 43-2005 ADOPTED -CONTRACT FOR LAND PURCHASE FOR PUBLIC
SAFETY NORTH SUBSTATION
• Councilman Noel moved to adopt Resolution 43-2005 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
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MINUTES OF REGULAR SESSION HELD MAY 12, 2005
CLERK TO ENTER INTO A CONTRACT FOR SALE AND PURCHASE WITH THE
• BENJAMIN PRIVATE SCHOOL, INC., A FLORIDA CORPORATION, ATTACHED AS
EXHIBIT "A", WHICH CONTRACT IS FOR THE PURPOSE OF PURCHASING A PARCEL
OF REAL ESTATE WITHIN THE VILLAGE FOR UTILIZATION AS A PUBLIC SAFETY
SUBSTATION; AND, PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Norris seconded the motion.
Staff was directed to check that the utility company has signed off on the abandonment of the
right-of--way. Mr. Bates reported that funds to purchase the land are available in the General
Fund reserve accounts. Thereafter, the motion passed unanimously.
RESOLUTION 44-2005 ADOPTED -BID AWARD FOR NORTHLAKE BLVD. PHASE 1
STREETSCAPE PROJECT
Councilman O'Meilia moved to adopt Resolution 44-2005 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE BID OF TAYCON CONSTRUCTION
MANAGEMENT, INC., IN AMOUNT OF $325,670 FOR IMPLEMENTATION OF THE
NORTHLAKE BOULEVARD TASK FORCE PHASE I STREETSCAPE PROJECT FOR THE
NORTHLAKE BOULEVARD CORRIDOR AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERK ON BEHALF OF THE VILLAGE AND AS AGENT FOR
THE NORTHLAKE BOULEVARD TASK FORCE TO ENTER INTO AN AGREEMENT
WITH TAYCON CONSTRUCTION MANAGEMENT, INC. ATTACHED AS EXHIBIT "A";
AND, PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Norris seconded the motion.
During discussion, it was clarified that the bid award is for the base bid only, which includes the
medians and north side, and the south side and alternates will be negotiated and brought back for
Council approval. Thereafter, the motion passed unanimously.
RESOLUTION 45-2005 ADOPTED -REMOVING PUBLIC SAFETY VEHICLE FROM SURPLUS
Councilman O'Meilia moved to adopt Resolution 45-2005 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
REMOVING ONE (1) PUBLIC SAFETY DEPARTMENT VEHICLE FROM SURPLUS AND
AUTHORIZING ITS UTILIZATION BY THE DEPARTMENT OF PUBLIC SAFETY IN
ACCORDANCE WITH VILLAGE POLICY
Councilman Noel seconded the motion, and all present voted aye.
MAYOR AND COUNCIL MATTERS/REPORTS
• Mayor Eissey reported that Palm Beach Gardens High School has cancelled Project Graduation
for this year, and requested Council direction concerning the Village's donation to the school in
support of the event. Council consensus was to request that the donation be returned.
4
MINUTES OF REGULAR SESSION HELD MAY 12, 2005
VILLAGE MANAGER MATTERS/REPORTS
Mr. Bates gave an update concerning the mooring of barges associated with the PGA bridge
construction project. A mooring permit has been requested by the contractor and will be brought
forward for Council consideration at the next meeting.
Mr. Bates discussed the canal dredging project and advised that Subaqueous has requested to
extend normal working hours by an additional two hours, fora 7:00 a.m. to 7:00 p.m. work day.
This issue will be brought back to the next meeting.
Mr. Bates reported on the status of the permit for Phase 4 of the dredging project.
Mr. Bates gave an update on the proposed parking agreement with First Unitarian Church.
Mr. Bates discussed the Country Club-master plan.
REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS
Mayor Eissey acknowledged receipt by the Council of the following Board minutes:
Minutes of the Police & Fire Pension Board meeting held 11/16/04
Minutes of the Police & Fire Pension Board meeting held 12/13/04
Minutes of the Police & Fire Pension Board meeting held 2/1/05
Minutes of the Planning Commission meeting held 4/5/05
Minutes of the Recreation Advisory Board meeting held 4/12/05
Minutes of the 50th Anniversary Committee meeting held 4/27/05
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:05 p.m.
Melissa Teal, CMC
Village Clerk
•
5
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICER
~ N ME-FIRST NAME-MIDDLE NAME NAM/E~ O/F BpOyARD, COUNCIL, COMMISSION, AUTH ITY, OR COM ITTEE
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.SING ADORES,S THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
~!//) ~ ~ ,r,. Q ~ WHICH I SERVE IS A UNIT OF:
CITY ^ COUNTY ^ OTHER LOCAL AGENCY
CITI'O~~ ~' M ~~(~ COUN n` ~ C~ NAME OF POLITICAL SUB VISION:
DATE ON WHICH VO'T'E' /OCCURRED N ~ (~ ~ t ~ ~
~~ ~ ~, ~ . ZD d ~ MY POSITION IS: ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
erson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
res to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Art(iough you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
,disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
u or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM SB - EFF. 1/2000 oer_G ~