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10-14-2004 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 14, 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 Doug Smith, Acting 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 Councilman Norris gave the invocation, and President Pro Tem O'Meilia led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved: Minutes of Special Session held 9/23/04 Minutes of Public Hearing held 9/23/04 Minutes of Regular Session held 9/23/04 Minutes of Special Emergency Session held 9/23/04 REPORT OF THE MAYOR Mayor Noel thanked the staff and Village employees for their efforts during and after the hurricanes. STATEMENTS FROM THE PUBLIC Ray Brady of Captains Road addressed the Council with a request for approval of a Toys for Tots corporate sponsor sign to be placed on the first tee. The Council, by consensus, approved the corporate sponsor sign. Mr. Brady also requested permission for: Marines' weapons display on Sunday; Marines' trucks on Saturday and Sunday; Wild Blue parachute team on 10th fairway on Sunday and Monday; toy collection throughout the Country Club and the Village starting now; use of the Country Club address for out of town checks; and golf tournament at a fee of • $18.00 per person. Mr. Brady was directed to obtain approval of any events and additional signage from the Country Club Advisory Board at its next meeting on October 20th. Minutes of Regular Session Thursday, October 14, 2004 • 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 Planning Commission special meeting held 7/12/04 Accepted for file the Minutes of the Planning Commission joint meeting held 7/12/04 Accepted for file the Minutes of the Planning Commission meeting held 8/3/04 Accepted for file the Minutes of the Library Advisory Board meeting held 8/24/04 Adopted Resolution 66-2004 approving and adopting a Comprehensive Emergency Management Plan Adopted Resolution 67-2004 confirming the setting of curfews and designating certain areas off limits after Hurricane Jeanne REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS OF ADVISORY BOARDS Councilman Norris reported that the Annexation Committee made the following recommendations: remove the northern section of Ellison Wilson Road from the Village Annexation Planning Statement; establish individual meetings with interested parties on Ellison Wilson Road, and commercial property owners in the Southwest Neighborhood area to discuss annexation; defer action on the Village Annexation Planning Statement until after a meeting is held with the City of Palm Beach Gardens to discuss future annexation areas. The Annexation Committee was granted authority to meet with the City of Palm Beach Gardens by Council consensus. Clarification was given that the voting membership of the Annexation Committee is comprised of the Village Manager, Village Attorney, Public Safety Director, Building Official, and Councilman Norris VII.,LAGE MANAGER'S REPORT Acting Village Manager Doug Smith extended thanks to all the employees for the extra work performed in the aftermath of the humcanes. Because the date of the first November Council meeting falls on Veterans Day, and the second Council meeting falls on Thanksgiving Day, Mr. Smith requested that these meetings be rescheduled. By consensus, the Council determined to have one meeting in November, on Thursday, November 18, 2004. Mr. Smith and Public Services Superintendent Hal Beard gave an update on humcane recovery issues. ORDINANCE 27-2004 ENACTED-CANVASSING BOARD President Pro Tem O'Meilia moved that Bill 1151 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE BEACH, FLORIDA, RESCINDING AND REPEALING SECTION COUNCIL TO CONSTITUTE CANVASSING BOARD, AND SECTION ELECTION RETURNS; INSPECTION BY CANVASSING BOARD, OF NORTH PALM 10-11, VILLAGE 10-12, PROTES"f OF OF ARTICLE I OF 2 Minutes of Regular Session Thursday, October 14, 2004 • 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 EFFECTNE DATE be placed on second reading and read by title alone. Vice Mayor Eissey seconded the motion, and all present voted aye. President Pro Tem O'Meilia moved to enact Bill 1151 as Ordinance 27-2004. Councilman Norris seconded the motion, which passed unanimously. BILL 1152 -POLICE & FIRE PENSION PLAN AMENDMENT -PLACED ON FIRST READING 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 first reading and read by title alone. Councilman Norris seconded the motion. Discussion took place regarding the revised Actuarial Impact Statement dated 9/27/04. The Council requested clarification from the actuary regarding effective date of employer contributions and use of Chapter 175/185 funds. Additionally, it was noted that data in the most recent Actuarial Impact Statement is different than the previous one. The Council requested an explanation of these issues prior to the second reading of Bill 1152 at its next Regular Session. Thereafter, the motion passed unanimously. BILL 1153 -BUDGET AMENDMENT -COUNTRY CLUB -COMPUTER UPGRADE - PLACED ON FIRST READING Vice Mayor Eissey 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 3 Minutes of Regular Session Thursday, October 14, 2004 • be placed on first reading and read by title alone. Councilman Norris seconded the motion, which passed unanimously. BILL 1154 -CODE AMENDMENT -PUBLIC SITES AND OPEN SPACES Vice Mayor Eissey moved that Bill 1154 entitled: 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-SUBDNISIONS, 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 first reading and read by title alone. Councilman Rennebaum seconded the motion, and the motion passed 4 - 1, with Vice Mayor Eissey, Councilman Rennebaum, Councilman Norris, and Mayor Noel voting aye, and President Pro Tem O'Meilia voting nay. RESOLUTION APPROVING VILLAGE ANNEXATION PLANNING STATEMENT TABLED Vice Mayor Eissey 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 taken from the table. Councilman Norris seconded the motion, which passed unanimously. President Pro Tem O'Meilia moved to table this item until after the meeting with Palm Beach Gardens. Councilman Norris seconded the motion, which passed unanimously. RESOLUTION 68-2004 ADOPTED -OPPOSING ANNEXATION REFERENDUM Councilman Norris moved that Resolution 68-2004 be read by title only. President Pro Tem O'Meilia seconded the motion, and all present voted aye. Councilman Norris moved that Resolution 68-2004 entitled: A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, OPPOSING THE REFERENDUM QUESTION PROPOSED PURSUANT TO PALM BEACH COUNTY COMMISSION ORDINANCE 2004-021 ATTEMPTING TO AMEND THE PALM BEACH COUNTY CHARTER RELATING TO THE MATTER OF ANNEXATION, AND AUTHORIZING THE VILLAGE STAFF TO PUBLISH THIS ACTION IN THE VILLAGE NEWSLETTER AND ON THE VII.LAGE WEB SITE AND PROVIDING AN EFFECTIVE DATE 4 Minutes of Regular Session Thursday, October 14, 2004 . be adopted. Vice Mayor Eissey seconded the motion, which passed unanimously. BUDGET TRANSFER APPROVED FOR CONSTRUCTION ADMINISTRATION SERVICES FOR NORTHLAKE BOULEVARD PHASE 1 STREETSCAPE PROJECT Councilman Norris moved to approve a budget transfer in the amount of $10,000 from account A5540-49911 (Council Contingency) to account A5206-33120 (Engineering/Planning General) to fund construction administration services for Northlake Boulevard Phase 1 Streetscape Project. Vice Mayor Eissey seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:58 p.m. Melissa Teal, CMC Village Clerk