03-23-1995 VC REG-MMINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, MARCH 23, 1995
Present: Tom Valente, Mayor
V. A. Marks, M. D., Vice Mayor
Larry Kelley, President Pro Tem
Gail Vastola, Councilman
Charles O'Meilia, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
The meeting was called to order by outgoing Mayor Gail Vastola at 7:30 p.m. All
members of Council were present. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Valente 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 Regular Session held 3/9/95
Minutes of Special Session held 3/15/95
REPORT OF THE MAYOR
Mayor Vastola proclaimed March 23, 1995 through March 29, 1995 Pride Awareness
Week in the Village of North Palm Beach.
In conjunction with Pride Awareness Week and on behalf of the Village Council, Mayor
Vastola presented gifts of appreciation to Judy Pierman, Ray and Joyce Lilly, and Sam
Golden, members of the Tree Sculpting Committee who organized and managed the
"Adopt-A-Tree" program at Lakeside Park. Judy Pierman, on behalf of that committee,
presented a gavel to the Village Council, carved by committee member Sam Golden. Mr.
Golden had carved the gavel from Australian Pine wood left over from the tree sculptures
at Lakeside Park.
Minutes of Regular Session
held Thursday, March 23, 1995
ORGANIZATION OF COUNCIL
The Village Council conducted its organization according to Article III, Section 3 of the
Village Charter, by nomination as follows:
V. A. Marks nominated Tom Valente to the office of Mayor. There being no other
nominations, the nominations for Mayor were closed.
Tom Valente moved to nominate V. A. Marks to the office of Vice Mayor. There being
no other nominations, the nominations for Vice Mayor were closed.
Charles O'Meilia nominated Larry Kelley to the office of President Pro Tem. There being
no other nominations, the nominations for President Pro Tem were closed.
The names of Tom Valente, Mayor, V. A. Marks, Vice Mayor, and Larry Kelley, President
Pro Tem were entered into Resolution 14-95.
RESOLUTION 14-95 ADOPTED -APPOINTING CERTAIN OFFICERS TO THE VILLAGE
Mayor Vastola moved that Resolution 14-95 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING CERTAIN OFFICERS FOR SUCH VILLAGE
be adopted. Councilman Kelley seconded the motion, and all present voted aye.
OATHS OF OFFICE ADMINISTERED
The Village Clerk administered the Oath of Office to Mayor Valente, Vice Mayor Marks,
and President Pro Tem Kelley. These oaths shall be attached to the official Minutes of
Record.
STATEMENTS FROM THE PUBLIC
Several residents were present to speak before the Council regarding siren noise
occurring during the night and early in the morning. Bob McClellan, who resides at 68
Yacht Club Drive and President of the Marina Harbour Condominium Association,
reported from a log he had kept on the dates and times of the sirens. The Council
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Minutes of Regular Session
held Thursday, March 23, 1995
directed the Village Manager and Public Safety Director to look into the frequency of
these night alarms.
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of General Employees' Pension Board Meeting held 2/14/95
Minutes of Recreation Advisory Board Meeting held 2/15/95
Minutes of Code Enforcement Board Meeting held 3/6/95
Minutes of Country Club Administrative Board Meeting held 3/6/95
Minutes of Recreation Advisory Board Meeting held 3/14/95
The following Minutes were returned for correction:
Minutes of the Library Advisory Board Meeting held 2/28/95 were returned for
correction. An absent member was listed as being in attendance.
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
Vice Mayor Marks moved that the recommendation of the Recreation Advisory Board that
"Council conceptually accept the Recreation Master Plan as presented by Team Plan and
then to implement it into the Village Comprehensive Plan" be received for file. President
Pro Tem Kelley seconded the motion, and all present voted aye.
Vice Mayor Marks moved that the recommendation of the Recreation Advisory Board that
Council "appoint an ad hoc committee made up of seven members, two each from the
Recreation Advisory Board and Planning Commission, the other three at-large members
could be chosen from either the NPBAA, Girls Softball, or other Village residents. The
purpose of this committee would be to develop financial alternatives for implementation
of the Recreation Master Plan" received for fiile. President Pro Tem Kelley seconded the
motion, and all present voted aye.
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Minutes of Regular Session
held Thursday, March 23, 1995
MANAGER'S REPORT
An Executive Session scheduled for Monday, March 27, 1995 was changed to Thursday,
March 30, 1995 at 5:30 p.m.
Discussion was held concerning the scheduling of a Special Workshop jointly with the
Recreation Advisory Board, the Planning Commission and the Village Council for the
purpose of discussing the recommendations of the Recreation Advisory Board regarding
the Recreation Master Plan. With the consensus of Council, a meeting has tentatively
been scheduled for Tuesday, April 11, 1995 at 7:30 p.m.
It was also announced that the Council will interview applicants to the various Boards on
Wednesday, April 19, 1995. Either a 7:30 p.m. or 8:00 p.m. meeting time will be
announced.
A request from Congressman Mark Foley was received requesting that a golf hole be
named for former Congressman Tom Lewis. After short discussion, Vice Mayor Marks
' moved that the 11th hole at the North Palm Beach Country Club Golf Course be named
for Congressman Lewis. President Pro Tem Kelly seconded the motion, and all present
voted aye. Congressman Foley's office will be provide the plaque for this
commemoration.
Councilman O'Meilia addressed the Village Manager regarding a notice of Public Hearing
by the Public Utilities Commission concerning a change in rates by the Florida Public
Utilities. Councilman O'Meilia felt the Village should be represented at this hearing, since
Florida Public Utilities (natural gas) operates in North Palm Beach. The Village Manager
will confirm the Public Hearing date and ensure that the Village is represented at that
hearing.
ORD. 8-95
Councilman Vastola moved that Bill 769 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADDING SECTION 45-34.1 TO
APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE
VILLAGE CREATING A NEW ZONING DISTRICT TO BE KNOWN AS C-3
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Minutes of Regular Session
held Thursday, March 23, 1995
REGIONAL BUSINESS DISTRICT AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF; 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.
Vice Mayor Marks moved that Bill 769 be enacted as Ordinance 8-95. President Pro Tem
Kelley seconded the motion, and all present voted aye.
BILL 770 -REZONING TWIN CITY MALL SITE FROM C-1 TO C-3 -PLACED ON
SECOND READING AND ENACTED AS OR0. 9-95
President Pro Tem Kelley moved that Bill 770 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND
APPROXIMATELY 17.19 ACRES AND KNOWN AS THE "TWIN CITY
MALL" AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO AND MADE A PART HEREOF FROM C-1,
NEIGHBORHOOD COMMERCIAL DISTRICT, TO C-3 REGIONAL
BUSINESS DISTRICT; 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 Vastola seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that bill 770 be enacted as Ordinance 9-95. Vice Mayor
Marks seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 774 entitled:
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Minutes of Regular Session
held Thursday, March 23, 1995
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-2,
DEFINITIONS, OF APPENDIX C-ZONING, OF THE CODE OF
pRDINANCES OF THE VILLAGE, TO PROVIDE A DEFINITION FOR THE
WORD "ANTIQUES'; 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 774 be enacted as Ordinance 10-95. Vice Mayor
Marks seconded the motion, and all present voted aye.
BILL 775 -AMENDING CODE TO INCLUDE LISTING OF NEW DISTRICT - PLACED ON
SECOND READING AND ENACTED AS ORD. 11-95
Vice Mayor Marks moved that Bill 775 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-16, DIVISION
OF VILLAGE INTO DISTRICTS, OFAPPENDIX C-ZONING OF THE CODE
OF ORDINANCES BY ADDING A NEW DISTRICT KNOWN AS C-3
REGIONAL BUSINESS DISTRICT; 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 O'Meilia seconded the
motion, and all present voted aye.
Councilman Vastola moved that Bill 775 be enacted as Ordinance 11-95. Councilman
O'Meilia seconded the motion, and all present voted aye.
BILL 776 -AMENDING GENERAL EMPLOYEES' PENSION & RETIREMENT SYSTEMS
- RETIREMENT DATES -PLACED ON SECOND READING AND ENACTED AS ORD.
12-95
Councilman Vastola moved that Bill 776 entitled:
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Minutes of Regular Session
held Thursday, March 23, 1995
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTIONS (a) AND
(d) OF SECTION 2-148 RELATING TO ARTICLE V, PENSIONS AND
RETIREMENT SYSTEMS FOR GENERAL EMPLOYEES, OF CHAPTER
2 OF THE CODE OF ORDINANCES OF THE VILLAGE RELATING TO
THE NORMAL RETIREMENT DATE AND EARLY RETIREMENT OF
GENERAL EMPLOYEES; 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 Vastola moved that Bill 776 be enacted as Ordinance 12-95. Vice Mayor
Marks seconded the motion, and all present voted aye.
BILL 777 -AMENDING GENERAL EMPLOYEES'PENSION & RETIREMENT SYSTEMS -
' ROLLOVER DISTRIBUTIONS
Councilman Vastola moved that Bill 777 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 3, PENSION
AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES, OF
CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE BY
ADDING A SECTION 2-157 PROVIDING FOR DIRECT TRANSFERS OF
ELIGIBLE ROLLOVER DISTRIBUTIONS; AND, 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 Marks seconded the
motion, and all present voted aye.
Vice Mayor Marks moved that Bill 777 be enacted as Ordinance 13-95. President Pro
Tem Kelley seconded the motion, and all present voted aye.
RESOLUTION 15-95 ADOPTED -SUPPORTING CONTINUATION OF F.I.N.D.
Vice Mayor Marks moved that Resolution 15-95 entitled:
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Minutes of Regular Session
held Thursday, March 23, 1995
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE
NOT TO ALLOW THE REPEAL OF CHAPTER 12026, LAWS OF FLORIDA
(1927) WHICH CREATED THE FLORIDA INLAND NAVIGATION DISTRICT
(FIND) AND TO INTRODUCE LEGISLATION THAT WOLD CONTINUE
THE FLORIDA INLAND NAVIGATION DISTRICT ON AN INDEFINITE
BASIS; PROVIDING THAT THE VILLAGE CLERK SHALL FURNISH A
CERTIFIED COPY OF THIS RESOLUTION TO THE FLORIDA
LEGISLATURE AND THE CHAIRMAN OF THE PALM BEACH COUNTY
LEGISLATIVE DELEGATION; AND PROVIDING FOR AN EFFECTIVE
DATE
be adopted. Councilman O'Meilia seconded the motion, and all present voted aye.
RESOLUTION ACCEPTING BID FOR WABASH DRIVE WATER MAIN -FAILED
President Pro Tem Kelley moved to adopt a proposed resolution accepting the bid of
' Russell Trucking, Inc., Palm Beach Gardens, Florida, in the amount of $23,523.00, for
furnishing and installing a water main on Wabash Drive; funds to be expended from
A5206-66001 (Wabash Drive Assessment). Councilman O'Meilia seconded the motion.
Village Attorney George Baldwin, after reviewing the bid specifications, recommended
against adoption of the resolution, since the scope of the work had been modified after
the bid had been advertised. Mr. Baldwin stated that one option would be to rebid the
project. Another option would be to accept the bid as they were received, with the Village
Council paying the difference between the bid and the actual cost.
Further discussion by the Council offered the additional options of beginning a new
assessment program, which would cause considerable delay of the project, or rebidding
the project with a revised scope of work, with minimal delay.
After discussion, the motion to adopt a resolution accepting the bid of Russell Trucking,
Inc. failed 0-5.
Councilman O'Meilia moved to rebid the project with new specifications. Vice Mayor
Marks seconded the motion. The motion passed 4-1, with Councilman O'Meilia, Vice
Mayor Marks, President Pro Tem Kelley and Mayor Valente voting aye, and Councilman
Vastola voting nay.
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Minutes of Regular Session
held Thursday, March 23, 1995
RESOLUTION 16-95 ADOPTED -LABOR CONSULTANT AGREEMENT
President Pro Tem Kelley moved that Resolution 16-95 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 LABOR RELATIONS
CONSULTANT AGREEMENT WITH PATRICIA I. TAYLOR, P. A.,
ATTACHED AS EXHIBIT "A" AND PROVIDING FOR AN EFFECTIVE
DATE
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
RESOLUTION 17-95 ADOPTED - F.I.N.D. APPLICATION FOR SHORELINE
PROTECTION
Councilman Vastola moved that Resolution 17-95 entitled:
' A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE. OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING APPLICATION TO THE
FLORIDA INLAND NAVIGATION DISTRICT FOR FINANCIAL
ASSISTANCE OF ONE-HALF OF TOTAL ESTIMATED COST OF SEVEN
HUNDRED FORTY-ONE THOUSAND ($741,000.00) DOLLARS FOR
INSTALLATION OF APPROXIMATELY 1,750 LINEAL FEET OF RUBBLE
RIP-RAP SHORELINE PROTECTION FOR THE SOUTH SHORELINE OF
THE INTRACOASTAL WATERWAY ADJACENT TO THE VILLAGE OF
NORTH PALM BEACH GOLF COURSE; AND PROVIDING FOR AN
EFFECTIVE DATE
be adopted. Vice Mayor Marks seconded the motion, and all present voted aye.
Vice Mayor Marks moved to approve a budget transfer in the amount of $4,900.00 from
A5540-49911 (Council Contingency) to A5206-33120 (Engiheering & Planning) for the
purpose of hiring a consultant for electrical work needed for Public Safety's
Communications Center. Councilman O'Meilia seconded the motion, and all present
voted aye.
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Minutes of Regular Session
held Thursday, March 23, 1995
BUDGET TRANSFER APPROVED FOR DONATION TO PROJECT GRADUATION
Vice Mayor Marks moved to approve a budget transfer in the amount of $500.00 from
A4801-11110 (Executive Salary) to A8229-34932 (Public Events) for the purpose of
donating to Palm Beach Gardens High School "Project Graduation". Councilman Vastola
seconded the motion, and all present voted aye.
NORTH SUBSTATION DEDICATION
President Pro Tem Kelley moved to approve the date of Sunday, March 26, 1995 at
2:00 p.m. for the dedication ceremony of the Jerry Gardner North Substation. Vice Mayor
Marks seconded the motion, and all present voted aye.
ADDITIONAL TELEPHONE LINES APPROVED
President Pro Tem Kelley moved to approve the installation ofi two new telephone lines
for General Services office and the Village Clerk's office. Councilman Vastola seconded
' the motion, and all present voted aye.
PARKING LOT APPROACH AT LAKESIDE PARK TO BE REPLACED
Vice Mayor Marks moved to approve replacement of the concrete parkin
at Lakeside Park, to be constructed by Public Services. President P
seconded the motion, and all present voted aye.
HIRING FREEZE LIFTED FOR PUBLIC SAFETY OFFICER POSITION
g lot approach
ro Tem Kelley
Councilman O'Meilia moved to lift the hiring freeze on a Public Safety Officer position Qob
code #5711-0135) in the Public Safety Department; reference the position audit and
needs assessment submitted in accordance with the hiring freeze policy. Vice Mayor
Marks seconded the motion, and all present voted aye.
WAL-MART EXTENSION GRANTED
Councilman Vastola moved to extend the Wal-Mart appeal, at the request of the
appellant, with the extension being for a period of six months. President Pro Tem Marks
seconded the motion, and all present voted aye.
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Y
Minutes of Regular Session
held Thursday, March 23, 1995
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
9:15 p. m.
~~
thleen F. Kelly, CMC, Villag Jerk
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OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach )
...~-
I, /oiyl ~,~~id7E , do solemnly swear that I will support the Constitution of the United
States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm
Beach; and that I will faithfully, honestly and impartially discharge my duties as Mayor during my
continuance therein, so help me God.
~_
Ignature
Subscribed and sworn to before me this ~~i~'~.-.aay o 19~.~~
~'%i~~~ otary
,`pAY P(iB OFFICIAL NOTARY SEAL
O ~ '~'~i KATHLEEN F KELLY
* <; y COMMISSION NL'IA BER
s ~'" ~+ Q CC279947
91F, ~.~ MY COMMISSION EXP.
OF Fly MAY 24 1997
OaU.May
OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach )
I, ~~ ~. //?~~.9~.4/(S , do solemnly swear that I will support the Constitution of the United
States, the Constitution of the State of Florida, and the Charter and Code ofi the Village of North Palm
Beach; and that I will faithfully, honestly and impartially discharge my duties as Vice Mayor during my
continuance therein, so help me God. /~
~~ ~/~~(~
(Signature)
Subscribed and sworn to before me this .~ day f 19~.5~
I--'~~7`~` otary -
P(iY P~ pFFIC1AL NOTARY SEAL
O~ eG KATHLEEN F KELLV
,K 1~SjI y GO MPFiSSION NU619 EA
~", F*~ ya Q CC278947
'yi hQ MY COMMIS5IDN E%P.
FGF Flo MAY 24 1897
Oa111.VM
OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach )
I, do solemnly swear that I will support the Constitution of the United
States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm
Beach; and that I will faithfully, honestly and impartially discharge my duties as President Pro Tem during
my continuance therein, so help me God.
ig ature
Subscribed and sworn to before me thisday f ~ 19~~
otary
SP,(tY PVB OFFICIAL NOTARY SEAL
p~ ~i KATHLEEN F KELLY
2 ~` i a COMMISSION NL'MHER
~, ~~ r„ a CC279947
'D) a ~~ MY COMMfSSION EXP.
FpF KL~ MAY 24 1997
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