07-22-2004 VC REG-MMINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH
HELD JULY 22, 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
Kathleen F. Kelly, CMC, Village Clerk
Absent: Dennis D. Redmond, Village Manager
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 except Village Manager Dennis Redmond.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Noel gave the invocation, and Councilman Rennebaum led the public in the Pledge of Allegiance
to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved:
Minutes of Regular Session held 7/8/04
Minutes of Public Hearing (Bill 1134) held 7/8/04
Minutes of Public Hearing (Bill 1135) held 7/8/04
Minutes of Public Hearing (Bill 1136) held 7/8/04
Minutes of Public Hearing (Bill 1137) held 7/8/04
REPORT OF THE MAYOR
Mayor Noel reported that Village Manager Dennis Redmond is on medical leave at this time, and
Assistant Village Manager is serving as Acting Village Manager in Mr. Redmond's absence.
• STATEMENTS FROM THE PUBLIC
Under Statements from the Public, the Village Council gave approval to the road closing of Lighthouse
Drive from Kingfish to Anchorage Drive on August 3, 2004 for "National Night Out" observance by
residents of Lighthouse Drive who have requested road closure for a block party.
Minutes of Regular Session
Held Thursday, July 22, 2004
• Discussion was held with Mr. Richard Podell of Harbour Point Drive regarding maintenance of Monet
Road. Hal Beard and Bill Denison of Public Services told the Council and Mr. Podell that, now that
construction is completed in that area, Sanctuary Cove will take over maintenance of the south side of
Monet Road.
Hal Beard of Public Services gave a status report on the dredging project, and will have the projected
start times by the next Council meeting.
CONSENT AGENDA
The one item on the Consent Agenda was removed and placed under 14 b. of the Regular Session
agenda.
ORD. 16-2004 ENACTED -GENERAL EMPLOYEES PENSION PLAN AMENDMENT
President Pro Tem O'Meilia moved that Bill 1140 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING SECTION 2-148, BENEFIT AMOUNTS AND ELIGIBILITY, OF
DIVISION 3, PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES, OF
ARTICLE V OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING
A SUBSECTION (g) THERETO ENTITLED REFUND OF CONTRIBUTIONS TO MAKE
PROVISION FOR RETURN OF AMOUNTS CONTRIBUTED TO THE PENSION PLAN BY
VESTED AND NON-VESTED EMPLOYEES WHOSE EMPLOYMENT IS TERMINATED;
REPEALING SUBSECTION (4), GUARANTEED REFUND, OF SECTION 2-158 (d); 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 second reading and read by title alone. Vice Mayor Eissey seconded the motion, and all
present voted aye.
President Pro Tem O'Meilia moved that Bill 16-2004 be enacted as 16-2004. Vice Mayor Eissey
seconded the motion, and all present voted aye.
ORD. 17-2004 ENACTED - ALARM RENEWALS
Vice Mayor Eissey moved that Bill 1141 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING SECTION 19-211, ISSUANCE OF ALARM SYSTEM PERMIT, OF
ARTICLE X, ALARMS, OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE VILLAGE
TO PROVIDE FOR A LATE FEE BEING ASSESSED IF THE ALARM RENEWAL APPLICATION
• IS NOT MADE AND RENEWAL FEE NOT PAID BY THE DUE DATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE
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Minutes of Regular Session
Held Thursday, July 22, 2004
• Be placed on second reading and read by title alone. President Pro Tem O'Meilia seconded the motion,
and all present voted aye.
President Pro Tem O'Meilia moved that Bill 1141 be enacted as Ordinance 17-2004. Vice Mayor
Eissey seconded the motion, and all present voted aye.
ORD. 18-2004 ENACTED -CREATING WATERWAYS BOARD
President Pro Tem O'Meilia moved that Bill 1142 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, CREATING A WATERWAYS BOARD; PROVIDING FOR ITS COMPOSITION,
TERMS AND VACANCIES; PROVIDING FOR ORGANIZATION; SETTING FORTH THE
DUTIES AND RESPONSIBILITIES OF THE BOARD; PROVIDING FOR REMOVAL; 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 second reading and read by title alone. Vice Mayor Eissey seconded the motion, and all
present voted aye.
President Pro Tem O'Meilia moved that Bill 1142 be enacted as Ordinance 18-2004. Vice Mayor
Eissey seconded the motion, and all present voted aye.
ORD. 19-2004 ENACTED -BOARD OF ADJUSTMENT APPEALS TO CIRCUIT COURT
Vice Mayor Eissey moved that Bill 1143 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING SUBSECTION (h), JUDICIAL REVIEW OF DECISIONS OF BOARD, OF
SECTION 21-21 OF ARTICLE III, BOARD OF ADJUSTMENT, OF CHAPTER 21 OF THE CODE
OF THE ORDINANCES OF THE VILLAGE TO PROVIDE THAT AN APPEAL SHALL NOT BE A
HEARING DE NOVO, BUT SHALL BE LIMITED TO APPELLATE REVIEW OF THE RECORD
CREATED BEFORE THE BOARD OF ADJUSTMENT; 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 second reading and read by title alone. President Pro Tem O'Meilia seconded the motion,
and all present voted aye.
President Pro Tem O'Meilia moved that Bill 1143 be enacted as Ordinance 19-2004. Vice Mayor
Eissey seconded the motion, and all present voted aye.
BILL 1144 -BUDGET AMENDMENT -APPROPRIATING FUNDS FOR TENNIS COURT
• RESURFACING -PLACED ON FIRST READING
Vice Mayor Eissey moved that Bill 1144 entitled:
Minutes of Regular Session
Held Thursday, July 22, 2004
• 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 $40,000 FOR RESURFACING THE TENNIS
COURTS
Be placed on first reading and read by title alone. Councilman Norris seconded the motion.
During discussion, it was stated that the status of the irrigation system is unknown at this time, but
should be determined prior to awarding the contract.
Tennis Professional Marcel Agnolin addressed the Council regarding three quotes he received, of which
the lowest quote was $47,000 to $48,000. Scott Miller from Gator Court Construction was present also
to apprise the Council of what he determined upon inspection of the courts. Mr. Miller stated that the
courts cannot be repaired, and in lieu of rebuilding them, it would require an overhead system and a
chlorinator to augment the underground system that is there now.
Councilman Rennebaum moved to amend the language in Bill 1144 by changing the amount from
$40,000 to $47,000. Vice Mayor Eissey seconded the motion. The motion passed 4-1, with
Councilman Rennebaum, Councilman Norris, Vice Mayor Eissey and Mayor Noel voting aye, and
President Pro Tem O'Meilia voting nay. Thereafter, the original 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.
BILL 1145 -CODE AMENDMENT -FIBERGLASS POOLS -PLACED ON FIRST READING
Councilman Rennebaum moved that Bill 1145 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING SECTION 25-3, PERMITS, AND SECTION 25-4, CONSTRUCTION, OF
ARTICLE I OF CHAPTER 25, SWIMMTNG POOLS, OF THE CODE OF ORDINANCES OF THE
VILLAGE, WHICH AMENDMENTS ARE FOR THE PURPOSE OF PROVIDING FOR AND
ALLOWING FIBERGLASS SWIMMING POOLS; 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 Norris seconded the motion. The motion
passed 4-1, with Councilman Rennebaum, Councilman Norris, Vice Mayor Eissey and Mayor Noel
voting aye, and President Pro Tem O'Meilia voting nay.
BILL 1146 -BUDGET AMENDMENT -APPROPRIATING FUNDS FOR COUNTRY CLUB
ADMINISTRATION OVERTIME -PLACED ON FIRST READING
President Pro Tem O'Meilia moved that Bill 1146 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
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Minutes of Regular Session
Held Thursday, July 22, 2004
• TO APPROPRIATE FUNDS IN THE AMOUNT OF $2,000 FOR COUNTRY CLUB
ADMINISTRATION OVERTIlVIE
Be placed on first reading and read by title alone. Councilman Rennebaum seconded the motion, and all
present voted aye.
BII.,L 1147 -AMENDING RECREATION ADVISORY BOARD DUTIES -PLACED ON FIRST
READING
President Pro Tem O'Meilia moved that Bill 1147 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING SUBSECTION (a) OF SECTION 20-66, DUTIES, OF ARTICLE III,
RECREATION ADVISORY BOARD, OF CHAPTER 20, PARKS, PLAYGROUNDS AND
RECREATION, OF THE CODE OF ORDINANCES OF THE VILLAGE BY DELETING THE
REQUIREMENT THAT THE BOARD MAKE RECOMMENDATIONS TO THE VILLAGE
COUNCIL AS TO VILLAGE WATERWAYS; 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 all
present voted aye.
RESOLUTION 39-2004 ADOPTED -AUTHORIZING AGREEMENT WITH EMI
President Pro Tem O'Meilia moved that Resolution 39-2004 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 ADMINISTRATION AGREEMENT FOR SERVICES WITH EMPLOYERS MUTUAL,
INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES THAT EMPLOYERS
MUTUAL, INC., SHALL PROVIDE THE VILLAGE WITH THIRD-PARTY ADMINISTRATIVE
SERVICES FOR THE VILLAGE'S SELF-FUNDED MEDICAL, DENTAL AND FSA PLANS
ESTABLISHED FOR VILLAGE EMPLOYEES; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Rennebaum seconded the motion, and all present voted aye.
RESOLUTION 40-2004 ADOPTED -AMENDING 1995 GAS TAX INTERLOCAL AGREEMENT
President Pro Tem O'Meilia moved that Resolution 40-2004 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN
• AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT DATED MAY, 1995, BY AND
BETWEEN PALM BEACH COUNTY, APOLITICAL SUBDIVISION OF THE STATE OF
FLORIDA, AND THE VILLAGE OF NORTH PALM BEACH, WHICH AMENDMENT IS
ATTACHED AS EXHIBIT "A" AND SETS FORTH THE FORMULA FOR AN EQUITABLE
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Minutes of Regular Session
Held Thursday, July 22, 2004
• DISTRIBUTION OF GAS TAX REVENUES AMONG PALM BEACH COUNTY AND PALM
BEACH COUNTY MUNICIPALITIES IN THE EVENT OF THE INCORPORATION OF A NEW
MUNICIPALITY OR THE DISSOLUTION OF AN EXISTING MUNICII'ALITY; AND,
PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Rennebaum seconded the motion, and all present voted aye.
RESOLUTION 41-2004 ADOPTED -AMENDING 1993 GAS TAX INTERLOCAL AGREEMENT
President Pro Tem O'Meilia moved that Resolution 41-2004 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN
AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT DATED AUGUST, 1993, AND
AMENDED IN MAY, 1995, BY AND BETWEEN PALM BEACH COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, AND THE VILLAGE OF NORTH PALM BEACH,
WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A" AND SETS FORTH THE FORMULA
FOR AN EQUITABLE DISTRIBUTION OF GAS TAX REVENUES AMONG PALM BEACH
COUNTY AND PALM BEACH COUNTY MUNICIPALITIES IN THE EVENT OF THE
INCORPORATION OF A NEW MUNICIPALITY OR THE DISSOLUTION OF AN EXISTING
MUNICIPALITY; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
RESOLUTION 42-2004 -BID AWARD FOR ROOFING OF PUBLIC SERVICES BUILDING
Councilman Rennebaum moved that Resolution 42-2004 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
ACCEPTING THE BID OF ROOFING CONCEPTS UNLIMITED, POMPANO BEACH, FLORIDA,
IN THE AMOUNT OF $40,192, FOR RE-ROOFING OF PUBLIC-SERVICES DEPARTMENT MAIN
BUILDING; FUNDS TO BE EXPENDED FROM A4200-09300 (BANK LOAN)
Be adopted. President Pro Tem O'Meilia seconded the motion, and all present voted aye.
CITIZENS' SURVEY -TABLED
Councilman Norris moved to accept the Citizens' Survey conducted by PMG Associates, Inc. President
Pro Tem O'Meilia seconded the motion. During discussion, the Council directed staff to request that
PMG Associates conduct several more calls within the Southwest Neighborhood which had not been
covered in the initial survey; also, request was made to remove unused categories in the tables.
• President Pro Tem O'Meilia moved to table until the next meeting. Councilman Norris seconded the
motion, and all present voted aye.
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ivimutes of xegwar session
Held Thursday, July 22, 2004
PLANNING COMMISSION MINUTES
• The Council discussed the Planning Commission Minutes held 6/1/04, and noted that Kyle Duncan was.
present at the meeting and should be shown as present. Additionally, President Pro Tem O'Meilia's title
needs to be corrected. The Minutes will be returned to the Planning Commission for correction.
Thereafter, Councilman Rennebaum moved to accept the Minutes for file. Councilman Norris seconded
the motion, and all present voted aye.
ADJOURNMENT
no further business to come before the Council, the meeting adjourned at 9:20 p.m.
Kathleen F. Kelly, CMC
Village Clerk
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