01-12-1995 VC REG-M
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MINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, JANUARY 12, 1995
Present:
ROLL CALL
Gail H. Vastola, Mayor
Tom Valente, Vice Mayor
V. A. Marks, M. D., President Pro Tem
Larry Kelley, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
Mayor Vastola 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 Vastola gave the invocation, and Councilman Kelley led the public in the Pledge
of allegiance to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Public Hearing held 12/8/94
Minutes of Regular Session held 12/8/94
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MAYOR'S REPORT
Mayor Vastola proclaimed January 20, 1995 Arbor Day in the Village of North Palm
Beach. Carmella Cormier of the North Palm Beach Garden Club was present to accept
the Proclamation. A tree will be planted at Lakeside Park on January 20, 1995 at
10:00 a.m.
Brian Idle, representing Old Port Cove Property Owners Association and the North Palm
Beach Community Action Association/PAC, requested that Council extend the January
17th deadline given to the Planning Commission to make a recommendation regarding
the application by Target to January 31, 1995. Mr. Idle stated that all parties concerned
had been working together to resolve issues, but said that the drawings could not be
ready by January 17th. Mr. Idle further stated that all parties were in agreement
Minutes of Regular Session
Held Thursday, January 12, 1995
regarding the request for extension. Staff was directed to notify Conrad DeSantis of the
requested change.
Vice Mayor Valente moved to extend the Planning Commission's deadline to on or
before January 31, 1995, providing all appellants agree to the extension. This deadline
applies to the return of the Planning Commission's recommendation on Target to the
Village Council. President Pro Tem Marks seconded the motion, and all present voted
aye.
At its Regular Session of January 26, 1995, the Village Council will schedule a date to
hear the recommendation of the Planning Commission.
PETITIONS AND COMMUNICATIONS
The fallowing Minutes were received for file:
Minutes of Planning Commission Public Hearing held 11/1/94
' Minutes of Planning Commission Regular Meeting held 11/1/94
Minutes of Library Advisory Board Meeting held 11/22/94
Minutes of Code Enforcement Board Meeting held 12/5/94
Minutes of Country Club Administrative Board Meeting held 12/5/94
Minutes of Planning Commission Public Hearing held 12/13/94
Minutes of Planning Commission Regular Meeting held 12/13/94
Minutes of Recreation Advisory Board Meeting held 12/13/94
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
Vice Mayor Valente moved that the recommendation of the Recreation Advisory Board
that Council "go forward with all the attorney's changes in the Pepsi Scoreboard Contract,
agree with the 10-year exclusivity clause, but only if it pertains to the Osborne Park
recreational facilities" be received for file. President Pro Tem Marks seconded the
motion, and all present voted aye.
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Minutes of Regular Session
Held Thursday, January 12, 1995
President Pro Tem Marks moved that the recommendation of the Planning Commission
that Council "approve annexation of property located at 11079 U. S. One (Home Beautiful
Center)" be received for file. Vice Mayor Valente seconded the motion, and all present
voted aye.
President Pro Tem Marks moved that the recommendation of the Planning Commission
,~
for approval of a change to the official zoning map to designate 11079 U. S. One as C-1,
Neighborhood Commercial District, subsequent to annexation of said property" be
received for file. Vice Mayor Valente seconded the motion, and all present voted aye.
BILL 764 PLACED ON SECOND READING AND ENACTED AS ORDINANCE 1-95
Vice Mayor Valente moved that Bill 764, tabled on December 8, 1994, be taken from the
table. President Pro Tem Marks seconded the motion, and all present voted aye.
President Pro Tem Marks moved that Bill 764 entitled:
' AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION G OF
SECTION 45-33 OF ARTICLE III, OF APPENDIX C-ZONING OF THE
CODE OF ORDINANCES TO ALLOW CAR WASH AND CAR WAXING
BUSINESSES TO UTILIZE AWNING STRUCTURES; 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. Councilman Kelley seconded the
motion.
During discussion, it was agreed by consensus to insert language on Page 1, Section 1.
§ G.1. Line 4 to read as follows: "shall be located in the rear yard with a minimum five-ft.
setback and within the building side lines extended."
Thereafter, the motion passed 3-1, with President Pro Tem Marks, Councilman Kelley and
Vice Mayor Valente voting aye, and Mayor Vastola voting nay.
Councilman Kelley moved that Bill 764 be enacted as Ordinance 1-95. President Pro
Tem Marks seconded the motion. The motion passed 3-1, with Councilman Kelley,
President Pro Tem Marks and Vice Mayor Valente voting aye, and Mayor Vastola voting
nay.
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Minutes of Regular Session
Held Thursday, January 12, 1995
BILL 766 -HOME OCCUPATIONS -PLACED ON FIRST READING
Vice Mayor Valente moved that Bill 766 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, PROVIDING FOR HOME
OCCUPATIONS AS PERMITTED USES WITHIN DWELLING UNITS IN
ALL RESIDENTIAL DISTRICTS OF THE VILLAGE; PROVIDING A
DEFINITION OF HOME OCCUPATION; REQUIRING OCCUPATIONAL
LICENSES FOR HOME OCCUPATIONS; PROVIDING STANDARDS FOR
THE LOCATION AND OPERATION OF HOME OCCUPATIONS IN
RESIDENTIAL DISTRICTS; REQUIRING AFFIDAVITS OF APPLICANTS
FOR OCCUPATIONAL LICENSES FOR HOME OCCUPATIONS;
PROVIDING THAT VIOLATION OF STANDARDS CONSTITUTES A CODE
VIOLATION; PROVIDING FOR RIGHT OF APPEAL; 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 Marks seconded
the motion, and all present voted aye.
RESOLUTION 1-95 ADOPTED -FILLING COUNCIL VACANCY
Mayor Vastola called for nominations to fill the Council vacancy created by the resignation
of Jeffrey Atwater.
Councilman Kelley nominated Robert Carroll. Vice Mayor Valente nominated Paul Moore.
There being no further nominations, the Council voted 3-1 to appoint Paul D. Moore as
Councilman in Group 2, with Vice Mayor Valente, President Pro Tem Marks and Mayor
Vastola voting for Mr. Moore, and Councilman Kelley voting for Mr. Carroll.
Thereafter, the name of Paul D. Moore was entered into Resolution 1-95.
President Pro Tem Marks moved that Resolution 1-95 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, FILLING THE VACANCY IN THE
COUNCIL IN GROUP 2 CREATED BY THE RESIGNATION OF JEFFREY
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Minutes of Regular Session
Held Thursday, January 12, 1995
H. ATWATER THAT WAS MADE EFFECTIVE NOVEMBER 7, 1994; AND,
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Valente seconded the motion. The motion passed 3-1, with
President Pro Tem Marks, Vice Mayor Valente and Mayor Vastola voting aye, and
Councilman Kelley voting nay.
The oath of office was administered to Mr. Moore by the Village Clerk.
RESOLUTION 2-95 ADOPTED -APPOINTING MEMBER TO RECREATION ADVISORY
BOARD
Vice Mayor Valente nominated L. Murray Cook for the vacancy on the Recreation
Advisory Board. President Pro Tem Marks seconded the motion, and all present voted
aye. The name of L. Murray Cook was entered into Resolution 2-95.
Vice Mayor Valente moved that Resolution 2-95 entitled:
' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING A MEMBER TO THE RECREATION ADVISORY
BOARD OF THE VILLAGE OF NORTH PALM BEACH
be adopted. President Pro Tem Marks seconded the motion, and all present voted aye.
RESOLUTION 3-95 ADOPTED -SUPPORTING RAILWAY PASSENGER SERVICE
Vice Mayor Valente moved that Resolution 3-95 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, SUPPORTING THE CONCEPT OF
AMTRAK SERVICE FROM JACKSONVILLE TO MIAMI ALONG THE
FLORIDA EAST COAST RAILWAY CORRIDOR; AND, PROVIDING FOR
AN EFFECTIVE DATE
be adopted. Councilman Kelley seconded the motion, and all present voted aye.
RESOLUTION 4-95 ADOPTED -AUTHORIZING SERMA INTERLOCAL AGREEMENT
President Pro Tem Marks moved that Resolution 4-95 entitled:
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Minutes of Regular Session
Held Thursday, January 12, 1995
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH,FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT TO CREATE THE SOUTH EAST RISK MANAGEMENT
ASSOCIATION; PROVIDING FOR TERMS AND CONDITIONS FOR SAID
APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Kelley seconded the motion, and all present voted aye.
RESOLUTION 5-95 ADOPTED -AUTHORIZING PEPSI CONTRACT
Vice Mayor Valente moved that Resolution 5-95 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 A SCOREBOARD
AGREEMENT WITH THE PEPSI-COLA BOTTLING COMPANY OF FORT
' LAUDERDALE-PALM BEACH, INC. WHEREBY THE VILLAGE SHALL
RECEIVE A SCOREBOARD AND PEPSI-COLA BOTTLING COMPANY OF
FORT LAUDERDALE-PALM BEACH, INC. SHALL HAVE THE EXCLUSIVE
RIGHT TO SELL AND PROVIDE SOFT DRINK PRODUCTS AND JUICES
ATOSBORNE PARKAND NORTH PALM BEACH COMMUNITY CENTER;
AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Kelley seconded the motion. The motion passed 3-1, with Vice
Mayor Valente, Councilman Kelley and President Pro Tem Marks voting aye, and Mayor
Vastola voting nay.
RESOLUTION FAILED SUPPORTING I-95 AIRPORT CONNECTOR
Councilman Kelley moved that a Resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, SUPPORTING THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, PROJECT N0.93220-
1465, BUILD ALTERNATIVE 3A-2, INTERSTATE 95/PALM BEACH
INTERNATIONAL AIRPORT DIRECT CONNECTOR
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Minutes of Regular Session
Held Thursday, January 12, 1995
be adopted. Vice Mayor Valente seconded the motion. The motion died with a 2-2 vote,
Councilman Kelley and Vice Mayor Valente voting aye, and President Pro Tem Marks and
Mayor Vastola voting nay.
APPEAL BY GLEN DEVELOPMENT CORPORATION GRANTED
President Pro Tem Marks moved to overturn the Planning Commission's denial of the
preliminary Certificate of Appropriateness for Sanctuary Cove, as appealed by Olen
Development Corporation. Vice Mayor Valente seconded the motion, and all present
voted aye.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
9:05 p.m.
J
F. Kelly, CMC,
' I
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