07-08-2004 VC REG-MMINUTES OF THE REGULAR SESSION
• OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH
HELD JULY 8, 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
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 6/10/04
Minutes of Regular Session held 6/24/04
Minutes of Public Hearing {Bill 1134) held 6/24/04 --- --
Minutes of Public Hearing (Bill 1135) held 6/24/04
Minutes of Public Hearing (Bill 1136) held 6/24/04
Minutes of Public Hearing (Bill 1137) held 6/24/04
CONSENT AGENDA APPROVED
President Pro Tem O'Meilia moved to accept the Consent Agenda. Vice Mayor Eissey seconded the
motion, and all present voted aye. The following items were approved:
a. Receiv d f r fil
e o e the Minutes of the General Employees Pension Board meeting held 5/11/04
b. Received for file the Minutes of the Code Enforcement Board meeting held 6/7/04
c. Received for file the Minutes of the Country Club Advisory Board meeting held 6/7/04
Minutes of Regular Session
Held Thursday, July 8, 2004
• d. Received for file the recommendation of the Country Club Advisory Board (Minutes of 6/7/04)
"to renegotiate the contract of the Tennis Professional clearly delineating the maintenance duties
and responsibilities. A representative from the CCAB to sit in on negotiations."
e. Received for file the recommendation of the Country Club Advisory Board (minutes of 6/7/04)
"to approve the use of funds from the current budget to purchase a point of sale upgrade and to
fund the resurfacing of the Country Club tennis court. Funds to be taken from Administrative
Executive Salaries and Contingency." (see Workshop Agenda, item 4.b.)
f. Directed staff to solicit RFP's for auditing services
REPORTS OF SPECIAL COMMITTEES
Councilman Norris reported that the Annexation Committee recommended that the Council consider a
policy statement regarding our annexation areas and what we intend to annex in the future. Village
Manager Dennis Redmond stated that Panama Hattie's and other areas along Ellison Wilson Road are in
our future plans. Another area is the southwest area, which the Village has looked at previously, part of
which was successfully annexed. The remaining area is still in the plan. Lost Tree, Hidden Key, and
Portage Landing are an important part of the Village's annexation plan. This will be discussed again at
the workshop of July 22, 12004. Council requested a list from staff that will include any areas that are
currently listed in our comp plan, as well as maps of all annexation areas.
Dave Decker of East Bay was present to give a status report on the dredging project. Mr. Decker will
provide a schedule of the areas to be dredged by the next meeting
EX PARTS COl~~IlV1UNICATIONS
President Pro Tem O'Meilia reported ex pane communications as follows: conversation with Jim
Fleischmann on 12/3/03 regarding annexation and zoning of the Honda property on Alt. AlA;
conversation with Jim Fleischmann on 12/8/03 regarding annexation and zoning of the Honda site;
conversation with Ed Roby on 10/3/03 concerning storage facility on Alternate AlA and a zoning
change for C-2; conversations with Jim Fleischmann on 6/18/03 and 7/17/03 regarding annexation
requirements to annex and rezone vacant property on Alt. AIA.
ORD. 10-2004 ENACTED -VOLUNTARY ANNEXATION
Councilman Rennebaum moved that Bill 1134 (Ordinance 10-2004) entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ANNEXING TO THE VILLAGE A COMPACT, CONTIGUOUS PARCEL OF LAND
LOCATED AT 9275 ALTERNATE A-1-A FORMERLY OCCUPIED BY ED MORSE HONDA
DEALERSHIP AND CONSISTING OF 3.06 ACRES OF LAND, MORE OR LESS, AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A PART HEREOF;
• REDEFINING THE BOUNDARY LINES OF THE VILLAGE TO INCLUDE SAID PROPERTY;
AND, PROVIDING FOR AN EFFECTIVE DATE
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Minutes of Regular Session
Held Thursday, July 8, 2004
• 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 1134 be enacted as Ordinance 10-2004. Councilman
Norris seconded the motion, and all present voted aye.
ORD. 13-2004 ENACTED -SMALL-SCALE COMP PLAN AMENDMENT
Vice Mayor Eissey moved that Bill 1135 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ADOPTING A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
DESIGNATED AS AMENDMENT 04-1 TO THE ADOPTED COMPREHENSIVE PLAN FOR THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT
COMPREHENSIVE 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 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 1135 be enacted as Ordinance 13-2004. Councilman
Rennebaum seconded the motion, and all present voted aye.
ORD. 14-2004 ENACTED -AMENDING ZONING CODE -SELF-STORAGE FACILITIES
Vice Mayor Eissey moved that Bill 1136 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING VARIOUS SUBSECTIONS OF SECTION 45-34, COMMERCIAL
DISTRICT, OF ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C-ZONING OF THE
CODE OF ORDINANCES OF THE VILLAGE; AMENDING SUBSECTION A BY ADDING THE
ADDITIONAL PERMITTED USE OF LIMITED ACCESS SELF-STORAGE FACILITIES;
AMENDING SUBSECTION B, DEVELOPMENT STANDARDS, TO PROVIDE CONDITIONS FOR
LIMITED ACCESS SELF-STORAGE FACILITIES; AMENDING SUBSECTION C, USE AND
OPERATING RESTRICTIONS, TO PROVIDE STANDARDS FOR LIMITED ACCESS SELF-
STORAGE FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
• Be laced on second readin and read b title alone. President Pro Tem O'Meilia seconded the motion
p g Y
and all present voted aye.
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Minutes of Regular Session
Held Thursday, July 8, 2004
• President Pro Tem O'Meilia moved that Bill 1136 be enacted as Ordinance 14-2004. Councilman
Norris seconded the motion, and all present voted aye.
ORD. 15-2004 ENACTED -REZONING
Mayor Eissey moved that Bill 1137 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, REZONING A PARCEL OF LAND LOCATED AT 9275 ALTERNATE A-1-A
CONSISTING OF 3.06 ACRES OF LAND, MORE OR LESS, WITHIN THE VILLAGE AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED, FROM PALM BEACH COUNTY
ZONING DISTRICT CG/SE TO VILLAGE C-2 COMMERCIAL DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES 1N 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 1137 be enacted as Ordinance 15-2004. Councilman
Norris seconded the motion, and all present voted aye.
BILL 1140 -GENERAL EMPLOYEES PENSION PLAN AMENDMENT -PLACED ON FIRST
READING
Councilman Rennebaum 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 first reading and read by title alone. Vice Mayor Eissey seconded the motion, and all
present voted aye.
BILL 1141 -CODE AMENDMENT -ALARM RENEWALS -PLACED ON FIRST READING
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
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Minutes of Regular Session
Held Thursday, July 8, 2004
• 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
Be placed on first reading and read by title alone. President Pro Tem O'Meilia seconded the motion,
and all present voted aye.
BILL 1142 -CREATING WATERWAYS BOARD -PLACED ON FIRST READING
Vice Mayor Eissey 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 first reading and read by title alone. President Pro Tem O'Meilia seconded the motion.
During discussion, Village Attorney George Baldwin was directed to prepare an ordinance to remove
waterway recommendations from the duties of the Recreation Advisory Board. Additionally, the
Section of the Code which is being amended by Bill 1142 should be stated in the Ordinance caption,
which Mr. Baldwin will include by next meeting.
Thereafter, all presented voted aye.
BILL 1143 -CODE AMENDMENT -BOARD OF ADJUSTMENT APPEALS TO CIRCUIT COURT
- PLACED ON FIRST READING
President Pro Tem O'Meilia 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 first reading and read by title alone. Councilman Rennebaum seconded the motion, and all
present voted aye.
• RESOLUTION 38-2004 ADOPTED -TERMINATING TAYCON AGREEMENT
President Pro Tem O'Meilia moved that Resolution 38-2004 entitled:
Minutes of Regular Session
Held Thursday, July 8, 2004
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AGENT FOR THE NORTHLAKE BOULEVARD TASK FORCE, WITHDRAWING
FROM AND TERMINATING THE AGREEMENT WITH TAYCON CONSTRUCTION
MANAGEMENT, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT WAS FOR
IMPLEMENTATION OF THE NORTHLAKE BOULEVARD TASK FORCE PHASE 1
STREETSCAPE PROJECT FOR THE NORTHLAKE BOULEVARD CORRIDOR FROM
MILITARY TRAIL TO U.S. HIGHWAY NO. 1; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Norris seconded the motion. During discussion, President Pro Tem O'Meilia
moved to amend the resolution by changing language on page two, the 4u' "Whereas" to read: "Whereas
the Northlake Boulevard Task Force held a meeting on June 28, 2004 and unanimously voted to
recommend to the Village of North Palm Beach to terminate the contract with Taycon Construction".
Councilman Norris seconded the motion, and all present voted aye.
Thereafter, the original motion, as amended, passed 5-0.
ANNEXATION CONSULTANT -TABLED
Vice Mayor Eissey moved to direct staff to solicit Requests for Proposals for an annexation consultant
for the Lost Tree, Hidden Key, and Portage Landing annexations. Councilman Norris seconded the
motion. During discussion, Councilman Norris reported that the Annexation Committee had discussed
having Land Research Management, Inc. update its previous annexation study of those areas to make
sure we qualify under the required number of registered voters. Mr. Fleischmann gave a verbal proposal
of no more than $2,000 to do the update, and the Annexation Committee's recommendation is to do that
prior to soliciting Requests for Proposals.
President Pro Tem O'Meilia moved to table the issue until such time that the report is completed by Jim
Fleischmann and the legal issues are resolved. Councilman Rennebaum seconded the motion, and all
present voted aye.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:40 p.m.
~~~
ath en F. Kell , CMC ~
Y
Village Clerk
•
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