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11-09-1995 VC REG-M1 1 MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, NOVEMBER 9, 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 __ Mayor Valente 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 Valente gave the invocation, and President Pro Tem 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 10/26/95 Minutes of Special Joint Meeting with Lake Park Commission held 10/20/95 1 REPORT OF THE MAYOR On behalf of the Village Council, Mayor Valente presented plaques to Marjorie Barzee, Frank Shone, and Dick Voss, in appreciation of their years of service as members of the Country Club Administrative Board. Mayor Valente turned the meeting over to Councilman Vastola, member of Northern Area Mutual Aid Consortium (NAMAC), who introduced Palm Beach Shores Mayor Tom Chilcote, Chairman of the NAMAC/Fire. Mayor Chilcote presented an overview of the NAMAC/Fire program, including HAZMAT and a central dispatching system. Minutes of Regular Session Held Thursday, November 9, 1995 PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of the Planning Commission Meeting held 10/10/95 Minutes of the Special Country Club Administrative Board Meeting held 10/23/95 Discussion was held concerning the Minutes of the Special Country Club Administrative Board, wherein reference was made to proceeding with renovation of the lounge and outside patio area. The Council stated that before the Board contacts an architect, the matter should be brought before the Council, since it is not specifically budgeted for, and the hiring of an architect would be a contractual obligation. Village Manager Dennis Kelly stated that the Board fully understands that they are not authorized to sign contracts, but can negotiate them and then make a recommendation to the Village Council. It was suggested that the Council be brought into the loop prior to any dealings with the architect, perhaps by planning a workshop with the Council. REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Councilman Vastola moved that the recommendations of the Planning Commission for approval of the Southwest Neighborhood II to "include the convenience store and lawn mower shop" and that "retail closing hours be approved at 11 p.m. excluding service stations, pharmacies and food and beverage sales" be received for file. Councilman O'Meilia seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 797 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 FOR RENTING THE NORTH PALM BEACH COUNTRY CLUB RESTAURANT FACILITY TO CONDUCT ELECTIONS be placed on second reading and read by title alone. President Pro Tem Kelley seconded the motion, and all present voted aye. 1 2 Minutes of Regular Session t Held Thursday, November 9, 1995 Councilman O'Meilia moved that Bill 797 be enacted as Ordinance 32-95. President Pro Tem Kelley seconded the motion, and all present voted aye. BILL 798 -CREATING P.U.D. FOR TWIN CITY MALL SITE -PLACED ON FIRST READING Vice Mayor Marks moved that Bill 798 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PLANNED UNIT DEVELOPMENT UPON THOSE CERTAIN LANDS LOCATED AT THE SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND U. S. HIGHWAY ONE (FORMERLY KNOWN AS THE TWIN CITY MALL) LOCATED IN C-3 REGIONAL BUSINESS DISTRICT AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; SAID LANDS TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS ATTACHED HERETO AS EXHIBITS, WHICH PLANS ARE EXPRESSLY MADE A PART HEREOF; ESTABLISHING PROJECT SPECIFIC DEVELOPMENT STANDARDS; 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 Vastola seconded the motion, and all present voted aye. BILL 799 -AMENDING CODE FOR DOCKS ALONG EARMAN RIVER -PLACED ON FIRST READING - __ . 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 - 1 3 Minutes of Regular Session Held Thursday, November 9, 1995 be placed on first reading and read by title alone. President Pro Tem Kelley seconded the motion, and all present voted aye. Councilman Vastola 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), SUPPLEMENTALADMINISTRATIVE REQUIREMENTS; 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 first reading and read by title alone. Vice Mayor Marks seconded the motion, and all present voted aye. BILL 801 -ANNEXATION OF S. W. NEIGHBORHOOD II -PLACED ON FIRST READING _ . Councilman Vastola moved that Bill 801 entitled: AN ORDINANCE OFTHE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING TO THE VILLAGE CERTAIN AREAS OF PROPERTY; 4 Minutes of Regular Session Held Thursday, November 9, 1995 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 first reading and read by title alone. Vice Mayor Marks seconded the motion. Discussion was held concerning some ordinances that will be considered for amendment, which will allow those businesses that are within the annexation area to conform with the Village's Code of Ordinances. Additionally, the effective date of the annexation has to be determined. Village Attorney George Baldwin will review the State Statutes on dual referendum requirements. ' Upon completion of discussion, the motion passed 4-1, with Councilman Vastola, Vice Mayor Marks, Councilman O'Meilia and President Pro Tem Kelley voting aye, and Mayor Valente voting nay. BILL 802 -AMENDING GENERAL FUND BUDGET FOR FY 1995.96 FOR SALARY Vice Mayor Marks moved that Bill 802 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 FOR 1995-96 SALARY ADJUSTMENT FOR FISCAL YEAR 1994-95 AND 1995-96 PER PBA CONTRACT AND ALSO SALARY ADJUSTMENT FOR SUBSTATION- NORTH PARAMEDICS PER SALARY SURVEY be placed on first reading and read by title alone. President Pro Tem Kelley seconded the motion, and all present voted aye. 1 5 Minutes of Regular Session Held Thursday, November 9, 1995 RESOLUTION 50-95 ADOPTED -APPROVING NEW OFFICIAL ZONING MAP Councilman O'Meilia moved that Resolution 50-95 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING A NEW OFFICIAL ZONING MAP WHICH SHALL SUPERSEDE THE PRIOR OFFICIAL ZONING MAP AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO SIGN AND SEAL THE NEW OFFICIAL ZONING MAP be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. RESOLUTION 51-95 ADOPTED -AMENDING PBA-GENERAL CONTRACT Councilman Vastola moved that Resolution 51-95 entitled: ' A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A WRITTEN AMENDMENT ATTACHED AS EXHIBIT "A", TO THE 1992-93 POLICE BENEVOLENT ASSOCIATION-GENERAL CONTRACT WITH THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion, and all present voted aye. RESOLUTION 52-95 ADOPTED -AMENDING PBA-LIEUTENANTS CONTRACT Vice Mayor Marks moved that Resolution 52-95 entitled: A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A WRITTEN AMENDMENT ATTACHED AS EXHIBIT "A", TO THE 1992-93 POLICE BENEVOLENT ASSOCIATION-LIEUTENANTS CONTRACT WITH THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion, and all present voted aye. 6 Minutes of Regular Session Held Thursday, November 9, 1995 HIRING FREEZE LIFTED ON DISPATCHER POSITION Councilman Vastola moved to lift the hiring freeze on a Dispatcher position Qob code #5711-0116) in the Public Safety 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. PAST DUE PAYMENTS FROM NPBCC RESTAURANT LESSEE Councilman Vastola moved to direct the Village Attorney to send a letter invoking the requirements of the contract with Zelnia, Van Schaffelaar, Price, Inc. certifying Workers Compensation and other ancillary insurance, monies and certifications to be provided by the close of business on November 20, 1995; and to withhold any payments by the Village to the lessee until the above-mentioned terms of the contract are met. Councilman O'Meilia seconded the motion, and all present voted aye. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:45 p.m. . ~ thleen F. Kelly, CMC, Villag Clerk 1 7