12-14-1995 VC REG-M1
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MINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, DECEMBER 14, 1995
Present: Tom Valente, Mayor
V. A. Marks, M. D., Vice Mayor
Larry Kelley, President Pro Tem
Charles O'Meilia, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
Absent:
ROLL CALL
Gail Vastola, Councilman
Mayor Valente called the meeting to order at 7:30 p.m. All members of Council were
present except Councilman Vastola, who was out of town. All members of staff were
present.
Mayor Valente gave the invocation, and Vice Mayor Marks led the public in the Pledge
of Allegiance to the Flag.
INVOCATION AND PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
James Smith, 1200 Marine Way, addressed the Village Council concerning boats that are
anchored in the water firom Twelve Oaks down to Old Port Cove. Mr. Smith told the
Council that there are there no provisions for sewage for these boats, and that generators
are running and creating a lot of noise. He further expressed concern for unseen damage
to the bottom of the Intracoastal. The Village Manager was directed to assist Mr. Smith
in getting help from the Village's Marine Patrol.
Tom Monaghan, 548 Golf Road, told the Council about the Palm Beach Post's vending
machine that has been placed at Anchorage and Marina Drives. Mr. Monaghan feels that
the vending machine is a hazard, since it is within 5' of the road, close to a very active
park, and in the way of the entrance and exit for the Village's emergency vehicles based
out of the Anchorage Park location. The Village Manager was directed to review the
Code regarding placement of vending machines.
The following Minutes were approved as written:
Minutes of Regular Session
Held Thursday, December 14, 1995
Minutes of Public Hearing held 11/9/95
Minutes of Regular Session held 11/9/95
Minutes of Public Hearing held 11/20/95
Minutes of Special Session held 11/20/95
Minutes of Special Session held 11/27/95
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Country Club Administrative Board Meeting held 10/16/95
Minutes of Library Advisory Board Meeting held 10/24/95
' Minutes of Code Enfiorcement Board Meeting held 11/6/95
Minutes of Country Club Administrative Board Meeting held 11/6/95
Minutes of Planning Commission Public Hearing held 11/7/95
Minutes of Planning Commissioh Meeting held 11/7/95
Minutes of Recreation Advisory Board Meeting held 11/14/95
Minutes of Country Club Administrative Board Meeting held 11/20/95
Minutes of Code Enforcement Board Meeting held 12/4/95
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
Vice Mayor Marks moved to accept for file the recommendation of the Country Club
Administrative Board that Council "accept bid and approve purchase of a triplex greens
mower for $12,800 (L8045-66490 Machinery & Equipment) and two utility vehicles at a
cost of $7,000 each (L8045-66410 Automotive) from Pifer, Inc.; and to accept bid and
' approve purchase of a triplex slope mower for $14,795 (L8045-66490 Machinery &
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Minutes of Regular Session
' Held Thursday, December 14, 1995
Equipment) from Nucrane Machinery". President Pro Tem Kelley seconded the motion,
and all present voted aye.
Councilman O'Meilia moved to accept for file the recommendation of the Planning
Commission for "approval of a proposed amendment to Zoning Code, Chapter 45-20
"Adult Entertainment Establishments". Vice Mayor Marks seconded the motion, and all
present voted aye.
Councilman O'Meilia moved to accept for file the recommendation of the Planning
Commission to the Village Council "not to allow outside sales or display of merchandise".
President Pro Tem Kelley seconded the motion, and all present voted aye.
Vice Mayor Marks moved to accept -for file the recommendation of the Planning
Commission that the Village Council "adopt a small scale amendment to the future land
use map series of the Village of North Palm Beach Comprehensive Plan as submitted".
Councilman O'Meilia seconded the motion, and all present voted aye.
' Councilman O'Meilia moved to accept for file the recommendation of the Country Club
Administrative Board that the Village Council "accept request ofi the restaurant lessee, to
move the nightly dinners from Thursday #o Tuesday as of January 1996, and to change
the contract to read "Dinners to be held one night per week and any change from one
night to another to be made only with the approval of the CCAB". Vice Mayor Marks
seconded the motion, and all present voted aye.
VILLAGE MANAGER'S REPORT
Under the Village Manager's Report, the Village Manager was directed to inform Florida
Highway Products that an earlier request to extend the contract for street resurfacing
cannot be honored. Village Attorney George Baldwin told the Council that he had
reviewed the request and found that there was no contract, only a bid proposal. Based
on that fact, he opined that a bid could not be "extended", since that would imply that the
bid would be extended for another project in another fiscal year (1996).
BILL 801 -ANNEXATION OF S. W. NEIGHBORHOOD II -PLACED ON SECOND
READING AND ENACTED AS ORD. 35-95
Vice Mayor Marks moved that Bill 801 (Ord. 35-95) entitled:
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Minutes of Regular Session
' Held Thursday, December 14, 1995
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ANNEXING TO THE VILLAGE CERTAIN AREAS OF PROPERTY;
PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED
TO BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE
TO INCLUDE SAID PROPERTY; CALLING FORA REFERENDUM
ELECTION WITHIN THE AREA PROPOSED TO BE ANNEXED;
DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE
REFERENDUM; AND, PROVIDING AN EFFECTIVE DATE
be placed on second reading and read by title alone. Councilman O'Meilia seconded the
motion.
During discussion, the consensus of the Council was to make the annexation effective
on December 31, 1996, if approved by referendum.
Thereafter, all present voted aye.
Councilman O'Meilia moved to enact Bill 801 as Ordinance 35-95. President Pro Tem
Kelley seconded the motion, and all present voted aye.
BILL 799 -AMENDING CODE FOR DOCKS ALONG EARMAN RIVER -PLACED ON
SECOND READING AND ENACTED AS ORD. 36-95
Councilman O'Meilia moved that Bill 799 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTIONS (5) AND
(8) OF SECTION 5-84 OF DIVISION 4, DOCKS AND PIERS, OF ARTICLE
III, CONSTRUCTION REQUIREMENTS, OF CHAPTER 5, BOATS, DOCKS
AND WATERWAYS, OF THE CODE OF 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 Kelley
seconded the motion, and all present voted aye.
Vice Mayor Marks moved that Bill 799 be enacted as Ordinance 36-95. President Pro
Tem Kelley seconded the motion, and all present voted aye.
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Minutes of Regular Session
Held Thursday, December 14, 1995
BILL 800 -AMENDING ADULT ENTERTAINMENT ORDINANCE -PLACED ON
SECOND READING AND ENACTED AS ORDINANCE 37-95
Councilman O'Meilia moved that Bill 800 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING PORTIONS OF SECTION
45-20 OF ARTICLE II OF APPENDIX C-ZONING OF THE CODE OF
ORDINANCES OF THE VILLAGE TO PROVIDE FOR ZONING
REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENTS,
APPLICABILITY OF THE COUNTY "ADULT ENTERTAINMENT CODE"
AND FOR OTHER PURPOSES; AMENDING SUBSECTION (1) RELATING
TO LEGISLATIVE INTENT; AMENDING SUBSECTION (2), FINDINGS OF
FACT; AMENDING SUBSECTION (4), PROHIBITED LOCATIONS;
AMENDING SUBSECTION (7), NONCONFORMING USES; AMENDING
SUBSECTION (8), SUPPLEMENTALADMINISTRATIVEREQUIREMENTS;
ADDING A NEW SECTION (9) PROHIBITING DISPLAY OF SPECIFIED
' ANATOMICAL AREAS ON PREMISES WHERE ALCOHOLIC BEVERAGES
ARE SOLD, DISPENSED OR CONSUMED; ADDING A SECTION (10)
REQUIRING DISCLOSURE OF NAMES, ALIASES AND DATES OF BIRTH
OF ALL EMPLOYEES IN ADULT ENTERTAINMENT ESTABLISHMENTS;
RENUMBERING SUBSECTION 9, ENFORCEMENT, TO SUBSECTION
(11); 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 Kelley
seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 800 be enacted as Ordinance 37-95. President Pro
Tem Kelley seconded the motion, and all present voted aye.
BILL 803 -REPEALING REQUIREMENT FOR AUTOMATIC FIRE SPRINKLERS -
PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 803 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REPEALING SUBSECTION (9),
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Minutes of Regular Session
Held Thursday, December 14, 1995
AUTOMATIC FIRE SPRINKLER SYSTEMS, OF SECTION 45-34.1, C-3
REGIONAL BUSINESS DISTRICT, OR ARTICLE III OF APPENDIX C-
ZONING OF THE CODE OF ORDINANCES; 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 Marks seconded the
motion, and all present voted aye.
BILL 805 -AMENDING 1995-96 BUDGET FOR EMERGENCY REPAIR OF SEAWALL
CAP AT LAKESIDE PARK -PLACED- ON FIRST READING & FINAL READING AND
ENACTED ON AN EMERGENCY BASIS AS ORD. 38-95
Vice Mayor Marks moved that Bill 805 entitled:
AN EMERGENCY ORDINANCE OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL
FUND BUDGET FOR FISCAL YEAR 1995-96 TO APPROPRIATE FUNDS
FOR EMERGENCY REPAIR OF SEAWALL CAP LOCATED AT THE
SOUTH END OF LAKESIDE PARK
be placed on first and final reading and read by title alone. Councilman O'Meilia
seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 805 be enacted, on an emergency basis, as
Ordinance 38-95. Vice Mayor Marks seconded the motion, and all present voted aye.
BILL 806 - AMENDING 1995-96 BUDGET FOR CONSTRUCTION OF
BUTTON/PONYTAIL BALL FIELD AT ANCHORAGE PARK -PLACED ON FIRST
READING
Vice Mayor Marks moved that Bill 806 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
FISCAL YEAR 1995-96 TO APPROPRIATE FUNDS IN THE AMOUNT OF
$5,000.00 TO CONSTRUCT A NEW BUTTON BALL FIELD AT
ANCHORAGE PARK
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Minutes of Regular Session
' Held Thursday, December 14, 1995
be placed on first reading and read by title alone. President Pro Tem Kelley seconded
the motion.
By consensus, the Council agreed to expend the funds from A5540-49911 (Council
Contingency) instead of A5540-49911 (Recreation Facility Reserve}.
Thereafter, the motion passed 4-0.
APPOINTMENT OF MEMBER TO CONSTRUCTION BOARD OF ADJUSTMENT AND
APPEALS -POSTPONED UNTIL 1/11/96_
Balloting for appointment to the Construction Board of Adjustment and Appeals resulted
in a 2-2 vote, the ballots being attached to the official copy of these Minutes. The Council
will vote again when a full Council is present at the Regular Session of January 11, 1996.
RESOLUTION 56-95 ADOPTED -ACCEPTING BIDS OF PIFER, INC. AND NUCRANE
MACHINERY FOR GOLF COURSE EQUIPMENT
' Vice Mayor Marks moved that Resolution 56-95 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF PIFER, INC., JUPITER, FLORIDA,
FOR A TRIPLEX GREENS MOWER IN THE AMOUNT OF $12,800 AND
TWO UTILITY VEHICLES IN THE AMOUNT OF $7,000 EACH; AND
ACCEPTING THE BID OF NUCRANE MACHINERY, RIVIERA BEACH,
FLORIDA, FOR ONE TRIPLEX SLOPE MOWER IN THE AMOUNT OF
$14,795, FOR MAINTENANCE OFTHE NORTH PALM BEACH COUNTRY
CLUB GOLF COURSE; FUNDS TO BE EXPENDED FROM L8045-66490
(MACHINERY & EQUIPMENT)
be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye.
NEGOTIATIONS FOR LAND ACQUISITION EAST OF COMMUNITY CENTER -TABLED
TO 3/28/96
Vice Mayor Marks moved to direct staff to begin negotiations with Foundation Land on
the acquisition of the 3.1 acres east of the Community Center. President Pro Tem Kelley
seconded the motion.
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Minutes of Regular Session
' Held Thursday, December 14, 1995
After discussion regarding current activity on that property, Vice Mayor Marks moved to
table the motion until the second meeting in March 1996. Councilman O'Meilia seconded
the motion, which passed 4-0.
NEW JOB DESCRIPTION AND SALARY INCREASE FOR ACCOUNTING CLERK II
APPROVED
Councilman O'Meilia moved to approve a new job description and a 5% salary increase,
effective 10/1/95, for Accounting Clerk II to reflect greater responsibilities; transferring
$1,759 from A5540-49915 (Reserve-Raises & Benefits) to various A5003 payroll
accounts. Vice Mayor Marks seconded the motion, and all present voted aye.
GIRLS SOFTBALL TOURNAMENT - VILLAGE OF NORTH PALM BEACH
INVITATIONAL -APPROVED .
Vice Mayor Marks moved to approve request from the Girls Softball organization to have
a softball tournament in June 1996 to be called the "Village of North Palm Beach
' Invitational". President Pro Tem Kelley seconded the motion, and all present voted aye.
Councilman O'Meilia moved to lift the hiring freeze on aCarpenter-Facilities Maintenance
position (job code #5519-0105) in the Public Services Department; reference position
audit and needs assessment submitted in accordance with the hiring freeze policy.
President Pro Tem Kelley seconded the motion, and all present voted aye.
DECLARATION OF SURPLUS EQUIPMENT
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HIRING FREEZE LIFTED FOR CARPENTER POSITION
Vice Mayor Marks moved to declare six vehicles transferred from Public Safety
Department to Public Services Department as surplus equipment, as specified in RCA
dated 12/14/95. Councilman O'Meilia seconded the motion, and all present voted aye.
Councilman O'Meilia moved to direct staff to reject bids on items 1, 2, 4 and 5 and rebid
the project, and to accept bids on items 3 and 6. Vice Mayor Marks seconded the
motion, which passed 4-0.
UPDATE ON STATUS OF NPBCC RESTAURANT CONTRACT
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Minutes of Regular Session
' Held Thursday, December 14, 1995
Village Attorney George Baldwin reported that the name had been corrected on the
liability/property damage insurance, and that the name had also been corrected in the
contract with the personnel leasing service. The name still needs to be changed on the
Workers Compensation coverage. Further, the Village needs a letter from C. J. Van
Schaffelaar stating that if he hires employees outside of the personnel leasing company,
that he will have workers compensation. Mr. Baldwin stated that he had sent a letter to
Mr. Van Schaffelaar regarding these things, and Mr. Van Schaffelaar said they were
forthcoming.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
8:59 p.m.
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K thleen F. Kelly, CM ,Village Jerk
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12/14/95
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