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08-26-1993 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, AUGUST 26, 1993 Present: V. A. Marks, M. D., Mayor Gail H. vastola, Vice Mayor Jeffrey H. Atwater, President Pro Tem Tom Valente, Councilman Judy M. Pierman, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Marks 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 Vastola gave the invocation, and Councilman Valente led the public in the Pledge of Allegiance to the Flag. ' APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Regular Session held 8/12/93 STATEMENTS FROM THE PUBLIC Noel Briley, 626 Flotilla Lane, addressed the Council regarding hazardous parking conditions at the North Palm Beach Elementary School. Mr. Briley requested that the Council prohibit parking, standing or stopping in the swale areas adjacent to school property. The Village Manager was directed to look into the matter, since corrective action can only be accomplished by the village Council. PETITIONS AND COMMUNICATIONS The following Minutes were received as submitted: Minutes of Lfbrary Advisory Board Meeting held 7/27/93 Minutes of Country Club Administrative Board Meeting held 8/2/93 Minutes of Planning Commission Meeting held 8/3/93 Minutes of Regular Session Held Thursday, August 26, 1993 Minutes of Country Club Administrative Board Meeting held 8/16/93 The Village Manager was instructed to forward copies of the proposed contracts for Tennis Professional and Pool Manager to Village Attorney George Baldwin for review. The following Minutes were received, with request for correction: Planning Commission Public Hearing held 8/3/93, correction to typographical error on Page 1, last paragraph, line 3: Change "The owner has not be" to "The owner has not been". REPORTS AND RECOMMENDATIONS Councilman Pierman moved to accept the recommendation of the Country Club Administrative Board to change the regular meeting place of the Country Club Administrative Board from the Village Hall to the North Palm Beach Country Club, effective immediately. Vice Mayor Vastola seconded the motion. ' After discussion the motion passed 3-2, with Councilman Pierman, Vice Mayor Vastola and President Pro Tem Atwater voting aye, and Councilman Valente and Mayor Marks voting nay. Councilman Valente moved that the August 3, 1993 recommendation of the Planning Commission for a proposed ordinance regulating recreation vehicles be accepted for file. Councilman Pierman seconded the motion. During discussion, it was noted that the Planning Commission should forward a proposed ordinance to the Council for discussion at future workshop. Thereafter, the motion to accept for file passed 5-0. VILLAGE MANAGER'S REPORT Mr. Kelly announced the Public Hearing schedule for the millage rate and proposed 1993-94 budget to be Tuesday, September 14, 1993 at 5:30 p.m., and Thursday, September 23, 1993 at 7:00 g.m. Mr. Kelly noted that the time published in the September Newsletter for the September 23rd Public Hearing was in error. ' Mr. Kelly reported on his meeting with The Benjamin School concerning buildings that the school is proposing for use as a Public safety sub-station. Mr. Kelly stated that staff has looked Minutes of Regular Session ' Held Thursday, August 26, 1993 at the building {old motel with four units) and has concluded that the extensive remodeling needed for use would usurp all the funds designated for the sub-station in the proposed 1993-94 budget. Mr. Kelly suggested that the alternative would be to tear the present building down and put a modular building on the site. Councilman Pierman moved that the building be demolished and the Village will use the space. Councilman Valente seconded the motion, and all present voted aye. Councilman Pierman reported that Karen Marcus had requested another letter from the Village Council concerning a reduced speed limit on Prosperity Farms Road. Mayor Marks directed the Village Clerk to send copies of all pertinent correspondence to date, as well as a cover letter. Discussion took place regarding the imposed hiring freeze, with clarification requested by Club Manager Alan Sayer regarding part- time positions. Mr. Kelly has asked that a list of critical positions be developed by Mr. Sayer and included in the hiring ' freeze policy. After discussion, Councilman Pierman moved that the Country Club be removed from the hiring freeze. Mayor Marks passed the gavel to Vice Mayor Vastola and seconded the motion. The motion passed 4-1, with Councilman Pierman, Mayor Marks, Councilman Valente and President Pro Tem Atwater voting aye, and Vice Mayor Vastola voting nay. Vice Mayor Vastola returned the gavel to Mayor Marks. BILL 716 - AMENDING CHAPTER 6, ARTICLE V, SIGNS AND OUTDOOR DISPLAYS - FAILED SECOND READING AND ENACTMENT President Pro Tem Atwater moved that Bill 716 entitled: AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE, CHAPTER 6, ARTICLE V, SIGNS AND OUTDOOR DISPLAYS; PROVIDING FOR CAPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THS REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; AND, PROVIDING FOR AN EFFECTIVE DATE ' be placed on second reading and read by title alone. Vice Mayor Vastola seconded the motion. Minutes of Regular Session ' Held Thursday, August 26, 1993 During discussion, Village Attorney George Baldwin told the Council that the proposed sign code had been subject to some changes before and possibly after the first reading, as well as proposed changes to be considered at this meeting without the ordinance being in final form. Mr. Baldwin recommended that if changes occur, the document should be put in final written form and taken back to first reading. Discussion of procedure ensued, with President Pro Tem Atwater calling the question. The motion passed 3-2, with President Pro Tem Atwater, Vice Mayor Vastola and Mayor Marks voting aye, and Councilman Pierman and Councilman Valente voting nay. President Pro Tem Atwater moved that Bill 716 be enacted as Ordinance 20-93, and Vice Mayor Vastola seconded the motion. The motion failed 2-3, with President Pro Tem Atwater and Vice Mayor Vastola voting aye, and Councilman Pierman, Councilman Valente and Mayor Marks voting nay. Councilman Pierman moved to revise Bill ~7 and discuss, and direct staff to make desired changes for a new first and second reading, ' as was suggested by Mr. O'Meilia. Vice Mayor Vastola seconded the motion. During discussion, the Council reviewed possible changes which were based on Public Hearings and workshops, and detailed in Mr. O'Meilia's memo of August 15, 1993. A revised sign code will be presented for first reading on September 9, 1993, and will include the following changes, as outlined in C. R. O'Meilia's memo of August 15, 1993, and agreed upon by consensus: Page 1, option A: Add the word "white" to description of allowable light bulbs Delete phrase "at the discretion of the Planning Commission", and insert another definition to provide limitation, if needed Page 2, Option A: Permit Awning Sign, with or without back lighting Page 3, Option A: Allow grandfathering until change of ownership or occupancy (of property). The Village Attorney stated his concerns regarding this change, as well as concern for the 30-day ' clause. Mr. Baldwin will review this proposed change, and make his recommendations prior to first reading. 4 4/9/9--3 Minutes of Regular Session Held Thursday, August 26, 1993 Page 4, option 1: Requiring a three-foot high sign base and then measure height of the sign face from the top of the base. Page 5, Proposed: No change; as stated in the proposed sign code. Thereafter, the motion directing staff to incorporate changes and bring back for another first and second reading passed 5-0. The meeting recessed at 9:20 p.m., and reconvened at 9:35 p.m. BILL 724 PLACED ON FIRST READING - AMENDING STANDARD BUILDING - PERMIT FEES Vice Mayor Vastola moved that Bill 724 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE STANDARD BUILDING CODE, 1991 EDITION, BY REVISING THS PERMIT FEES; PROVIDING FOR REPEALS OF LAWS IN CONFLICT; PROVIDING FOR INCLUSION IN THS CODS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Councilman Pierman seconded the motion, and all present voted aye. BILL - WI: READING - CODE Vice Mayor Vastola moved that Bill 725 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE STANDARD BUILDING CODE, 1991 EDITION, SECTION 1205, WIND LOADS AND RELATED SECTIONS, AND CHAPTER 32, INSTALLATION OF ROOF COVERINGS AND RELATED SECTIONS; PROVIDING FOR REPEALS OF LAWS IN CONFLICT; PROVIDING FOR INCLUSION IN THS CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Councilman Pierman seconded the motion, and all present voted aye. RESOLUTION 38-93 ADOPTED - AUTHORIZING MUTUAL AID AGREEMENT WITH PUBLIC WORKS IN OTHER MUNICIPALITIES AND COUNTIES WITHIN THE STATE Councilman Pierman moved that Resolution 38-93 entitled: 5 ' Minutes of Regular Session Held Thursday, August 26, 1993 A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE VILLAGE TO ENTER INTO A PUBLIC WORKS MUTUAL AID AGREEMENT WITH OTHER MUNICIPALITIES AND COUNTIES WITHIN THE STATE OF FLORIDA, AND PROVIDE FOR AN EFFECTIVE DATE be adopted. Vice Mayor Vastola seconded the motion, and all present voted aye. RESOLUTION 39-93 ADOPTED - OPPOSING WIDENING OF STATE ROAD A1A Councilman Valente moved that Resolution 39-93 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN OPPOSITION TO THE WIDENING OF STATE ROAD A1A WITHIN THS INCORPORATED LIMITS OF THE VILLAGE OF NORTH PALM BEACH AND URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CLASSIFY SAID ROAD AS A CONSTRAINED FACILITY; AND PROVIDING FOR AN EFFECTIVE DATE ' be adopted. Councilman Pierman seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED - PART-TIME PAY AT NPBCC Vice Mayor Vastola moved to approve a budget transfer in the amount of $4,000.00 from L8056-11100 (Executive Pay} to L8056-11300 (Part- time Pay) for the purpose of staffing the Country Club Administrative Office during the illness of Regular Full-time employee. President Pro Tem Atwater seconded the motion, and all present voted aye. BUDGET AUTHORIZATION GRANTED FOR PLAYGROUND EQUIPMENT Councilman Valente moved to approve the expenditure of $5,000.00 remaining balance from Recreation Department A8028-66422 (Playground & Outside Equipment} to purchase playground equipment. Councilman Pierman seconded the motion, and all present voted aye. WABASH DRIVE WATER LINE INSTALLATION AND ASSESSMENT PROGRAM Councilman Valente moved to direct the Village Manager to proceed with the required estimating process from Seacoast Utility Authority for water line installation and assessment program for ' Wabash Drive property owners. vice Mayor Vastola seconded the motion. Minutes of Regular Session ' Held Thursday, August 26, 1993 During discussion, Mr. O'Meilia recommended that the assessment be based on individual lots rather than frontage. Thereafter, the motion passed 4-1, with Councilman Valente, Vice Mayor Vastola, President Pro Tem Atwater and Mayor Marks voting aye, and Councilman Pierman voting nay. PURCHASE OF SCHWENCKE PROPERTY vice Mayor Vastola moved to direct staff to request that contract for sale and purchase be prepared for consideration of the Council, as outlined in 8/10/93 letter from Kerry R. Schwencke, Esquire. President Pro Tem Atwater seconded the motion, and all present voted aye. There being no further business to come before the Council, the meeting adjourned at 10:00 p.m. F. Kelly, CMC, 7