12-12-1996 VC REG-MMINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, DECEMBER 12, 1996
Present: V. A. Marks, M. D., Mayor
Tom Valente, 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 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
• Councilman O'Meilia gave the invocation, and Vice Mayor Valente 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 on Bill 848, held 11/14/96
Minutes of Public Hearing on Bill 854, held 11/4/96
Minutes of Public Hearing on Bill 855, held 11/14/96
The following Minutes were approved, as amended:
Minutes of Regular Session held 11/14/96
REPORT OF THE MAYOR
Mayor Marks presented Finance Director Shaukat Khan with a Certificate of Achievement
• for Excellence in Financial Reporting for Fiscal Year Ended 9/30/95, awarded by the
Government Finance Officers Association of the United States and Canada.
Minutes of Regular Session
Held Thursday, December 12, 1996
Mayor Marks announced that Item 12.f. (cable TV franchise renewal) had been dropped
from the Regular Agenda, and Item 13.c. was moved forward for consideration prior to
Item 12.e.
Councilman Vastola gave a status report on the central dispatch system, which is
currently being reviewed by NAMAC/Police and NAMAC/Fire.
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Code Enforcement Board Meeting held 11/4/96
Minutes of Country Club Administrative Board Meeting held 11/5/96
Minutes of Recreation Advisory Board Meeting held 11/12/96
. Minutes of Country Club Administrative Board Meeting held 11/18/96
Minutes of Library Advisory Board Meeting held 11/26/96
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
Vice Mayor Valente moved to receive for file the recommendation of the Country Club
Administrative Board that Council "accept bid and approve purchase of a pool heater from
Ultimate Pools, Inc., in the amount of $19,800.00, L8051-66490 (Pool-Machinery &
Equipment)". Councilman O'Meilia seconded the motion, and all present voted aye.
BILL 849 -TELECOMMUNICATIONS TAX -PLACED ON SECOND READING AND
ENACTED AS ORD. 43-96
Vice Mayor Valente moved that Bill 849 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, LEVYING A FIVE (5) PERCENT
PUBLIC SERVICE TAX ON PURCHASES OF TELECOMMUNICATIONS
SERVICE WITHIN THE VILLAGE WHICH ORIGINATE AND TERMINATE
IN THE STATE OF FLORIDA; PROVIDING FOR THE PROCEDURE FOR
• COLLECTION AND REMITTANCE OF THE TAX TO THE VILLAGE OF
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Minutes of Regular Session
. Held Thursday, December 12, 1996
NORTH PALM BEACH; PROVIDING EXEMPTIONS FROM SAID TAX;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH; 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 Vastola moved to enact Bill 849 as Ordinance 43-96. Councilman O'Meilia
seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 850 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
• AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR
THE FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS IN THE AMOUNT
OF $120,000 FOR THE POOL FILTRATION SYSTEM
be placed on second reading and read by title alone, adding that the funds be transferred
from the North Palm Beach Country Club (L0000-27100) Unappropriated Retained
Earnings. Gail Vastola seconded the motion, and all present voted aye.
Councilman O'Meilia moved to enact Bill 850 as Ordinance 44-96. President Pro Tem
Kelley seconded the motion, and all present voted aye.
BILL 851 -PUBLIC SAFETY "CAT" PROGRAM (COMBAT AUTO THEFTI -PLACED ON
SECOND READING AND ENACTED AS ORD. 45-96
Councilman Vastola moved that Bill 851 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ESTABLISHING A PROGRAM
ENTITLED "COMBAT AUTO THEFT" PURSUANT TO SECTION 316.008
(6) OF THE FLORIDA STATUTES; PROVIDING FOR ADMINISTRATION
OFTHE PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR
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Minutes of Regular Session
Held Thursday, December 12, 1996
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 851 be enacted as Ordinance 45-96. Councilman
O'Meilia seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 856 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THAT PORTION OF
SUBSECTION G (5) OF SECTION 45-31, C-A COMMERCIAL DISTRICT,
OF ARTICLE III OF APPENDIX C-ZONING, OF THE CODE OF
ORDINANCES OF THE VILLAGE RELATING TO PARKING SPACES
REQUIRED FOR RETAIL STORES AND PERSONAL SERVICE
ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCE 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 856 be enacted as Ordinance 46-96. President Pro
Tem Kelley seconded the motion, and all present voted aye.
BILL 857 -ZONING CHANGE FOR PARKING IN CB COMMERCIAL DISTRICT -
PLACED ON SECOND READING AND ENACTED AS ORD. 47-96
Tom Valente moved that Bill 857 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THAT PORTION OF
SUBSECTION G (4) OF SECTION 45-31.1, CB COMMERCIAL DISTRICT,
OF ARTICLE III OF APPENDIX C-ZONING, OF THE CODE OF
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Minutes of Regular Session
Held Thursday, December 12, 1996
ORDINANCES OF THE VILLAGE RELATING TO PARKING SPACES
REQUIRED FOR RETAIL STORES AND PERSONAL SERVICE
ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE
Councilman O'Meilia seconded the motion, and all present voted aye.
President Pro Tem Kelley moved that Bill 857 be enacted as Ordinance 48-96.
Councilman O'Meilia seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 858 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THAT PORTION OF
SUBSECTION E(2) OF SECTION 45-33, C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT, OF ARTICLE III OFAPPENDIX C-ZONING, OF
THE CODE OF ORDINANCES OF THE VILLAGE RELATING TO
PARKING SPACES REQUIRED FOR GENERAL BUSINESS,
COMMERCIAL OR PERSONAL SERVICE ESTABLISHMENTS;
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. Councilman Vastola seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 858 be enacted as Ordinance 48-96. Councilman
Vastola seconded the motion, and all present voted aye.
Vice Mayor Valente moved that Bill 859 entitled:
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Minutes of Regular Session
Held Thursday, December 12, 1996
AN ORDINANCE OF THE VILLAGEOF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
THE FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS IN THE AMOUNT
OF $22,700 FOR ADDITIONAL- WORK REQUIRED TO DESIGN
COMMUNITY ACTIVITIES BUILDING AT ANCHORAGE PARK AND
OSBORNE PARK CONCESSION STAND, USING FUNDS RESTRICTED
FOR RECREATION FACILITY
be placed on second reading and read by title alone. Councilman O'Meilia seconded the
motion, and all present voted aye.
President Pro Tem Kelley moved that Bill 859 be enacted as Ordinance 49-96.
Councilman Vastola seconded the motion, and all present voted aye.
BILL 860 -BUDGET AMENDMENT FOR CONSULTANT'S FEE FOR COMP PLAN
AMENDMENTS -PLACED ON SECOND READING AND ENACTED AS ORD. 50-96
Councilman O'Meilia moved that Bill 860 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
THE FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS IN THE AMOUNT
OF $3,000.00 FOR COMP PLAN AMENDMENT TO BE REIMBURSED BY
WCI PROPERTIES
be placed on second reading and read by title alone. Vice Mayor Valente seconded the
motion, and all present voted aye.
President Pro Tem Kelley moved that Bill 860 be enacted as Ordinance 50-96. Vice
Mayor Valente seconded the motion, and all present voted aye.
BILL 861 -BUDGET AMENDMENT FOR PUBLIC SAFETY EQUIPMENT FROM EMS
GRANT -PLACED ON FIRST READING
Vice Mayor Valente moved that Bill 861 entitled
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
THE FISCAL YEAR 1996-97, TO APPROPRIATE FUNDS IN THE
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Minutes of Regular Session
Held Thursday, December 12, 1996
AMOUNT OF $1,594 FOR VENTILATOR, ETC. TO BE FUNDED BY PALM
BEACH COUNTY EMS GRANT PROGRAM
be placed on first reading and read by title alone. President Pro Tem Kelley seconded
the motion, and all present voted aye.
51-96
Vice Mayor Valente moved that Bill 863 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
THE FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS IN THE AMOUNT
OF $140,000 FOR THE CONSTRUCTION OF THE OSBORNE PARK
CONCESSION STAND
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 863 be enacted as Ordinance 51-96. Councilman
Vastola seconded the motion, and all present voted aye.
BILL 864 -BUDGET AMENDMENT FOR LAND PURCHASE-AND BUILDING DESIGN
OF PUBLIC SAFETY BUILDING -PLACED ON SECOND READING AND ENACTED AS
ORD. 52-96
Councilman Vastola moved that Bill 864 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
THE FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS IN THE AMOUNT
OF $1,450,000 FOR THE LAND PURCHASE AND BUILDING DESIGN
FOR PUBLIC SAFETY
be placed on second reading and read by title alone. Councilman O'Meilia seconded the
motion.
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Minutes of Regular Session
Held Thursday, December 12, 1996
During discussion, Councilman O'Meilia moved to amend the motion to add a Section 3
to the ordinance to read "the funds for this land purchase and building design for Public
Safety are transferred from the Unappropriated Fund Balance". Vice Mayor Valente
seconded the motion, and all present voted aye.
Thereafter, the main motion, as amended, passed 5-0.
Councilman Vastola moved that Bill 864 be enacted as Ordinance 52-96. Vice Mayor
Valente seconded the motion, and all present voted aye.
RECESS
The meeting recessed at 8:30 p.m. and reconvened at 8:40 p.m.
RESOLUTION 69-96 ADOPTED - INTERLOCAL AGREEMENT WITH PBC FOR
ENCLAVE ANNEXATION - MCLAREN TO CAROLINDA ROAD
Councilman Vastola moved that Resolution 69-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF-THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY
ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR
ANNEXATION PURSUANT TO SECTION 171.046, FLORIDA STATUTES,
OR A PARCEL OF LAND WHICH CONSTITUTES AN ENCLAVE OF LESS
THAN TEN (10) ACRES AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "B" ATTACHED; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman O'Meilia seconded the motion, and all present voted aye.
RESOLUTION 70-96 ADOPTED - C_ ONTRACT WITH LRM, INC. FOR COMP PLAN
AMENDMENTS & E.A.R.
Councilman O'Meilia moved that Resolution 70-96 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 AN AGREEMENT WITH
Minutes of Regular Session
Held Thursday, December 12, 1996
LAND RESEARCH MANAGEMENT, INC. ATTACHED AS EXHIBIT "A"
FOR THE PURPOSE OF SECURING CONSULTANT SERVICES FOR THE
PREPARATION OF AMENDMENTS TO THE VILLAGE'S
COMPREHENSIVE LAND USE PLAN INCORPORATING EVALUATION
AND APPRAISAL REPORT (E.A.R.) AMENDMENTS; AND, PROVIDING
FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye.
RESOLUTION 71-96 ADOPTED -BILLING CONTRACT FOR PUBLIC_ SAFETY
TRANSPORT UNIT
President Pro Tem Kelley moved that Resolution 71-96 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 AN AGREEMENT WITH
THE CITY OF WEST PALM BEACH ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT IS FOR THE PURPOSE OF OBTAINING BILLING
SERVICES FOR EMERGENCY MEDICAL TRANSPORT PERFORMED BY
THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN
EFFECTIVE DATE
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
RESOLUTION 72-96 ADOPTED -BID AWARD FOR GOLF COURSE EQUIPMENT
Vice Mayor Valente moved that Resolution 72-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF PIFER, INC.
FOR TWO (2) TRIPLEX MOWERS, TWO (2) FIVE-GANG MOWERS AND
TWO (2) UTILITY VEHICLES IN THE AMOUNT OF $92,600.00, A COPY
OF WHICH BID IS ATTACHED TO THIS RESOLUTION; FUNDS TO BE
EXPENDED FROM ACCOUNT NO. L8045-66490 (CAPITAL-MACHINERY
& EQUIPMENT); AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye.
Minutes of Regular Session
Held Thursday, December 12, 1996
BUDGET TRANSFER APPROVED FOR POOL HEATER REPLACEMENT
Vice Mayor Valente moved to approve budget transfer in the amount of $2,800.00 from
L8070-49910 (Country Club Contingency) to L8051-66490 (Pool-Machinery & Equipment)
to cover shortfall for purchase of pool heater for North Palm Beach Country Club
swimming pool. Councilman Vastola seconded the motion, and all present voted aye.
RESOLUTION 73-96 ADOPTED -BID AWARD FOR POOL HEATER REPLACEMENT
Councilman Vastola moved that Resolution 73-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF ULTIMATE POOLS, DAVIE,
FLORIDA, IN THE AMOUNT OF $19,800.00 FOR PURCHASE AND
INSTALLATION OF A NEW REPLACEMENT HEATER FOR THE NORTH
PALM BEACH COUNTRY CLUB SWIMMING POOL; FUNDS TO BE
EXPENDED FROM L8051-66490 (POOL-MACHINERY & EQUIPMENT)
be adopted. Vice Mayor Valente seconded the motion, and all present voted aye.
RESOLUTION 74-96 ADOPTED - 401 (a) DEFERRED COMPENSATION PLAN
President Pro Tem Kelley moved that Resolution 74-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING THE. MAYOR AND
VILLAGE CLERK TO ENTER INTO AN ADOPTION AGREEMENT WITH
ICMA RETIREMENT CORPORATION ATTACHED AS EXHIBIT "A" FOR
THE PURPOSE OF ESTABLISHING A MONEY PURCHASE RETIREMENT
PLAN FOR CERTAIN EMPLOYEES OF THE VILLAGE; AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO ACCEPT AND TO ENTER INTO
AN ADMINISTRATIVE SERVICES AGREEMENT WITH THE
INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT
CORPORATION ATTACHED AS EXHIBIT "B" AND TO ACCEPT THE
PRICING, OFFER AND ACCEPTANCE DOCUMENT ATTACHED AS
EXHIBIT "C"; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Vastola seconded the motion.
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Minutes of Regular Session
Held Thursday, December 12, 1996
During discussion, direction was given to correct the Village Manager's contract, which
states 10% for a pension plan. Exhibit "A", page 2 was corrected by inserting a zero in
blank spaces; of Section VII.1. Additionally, "Fixed Employer Match of Participant
Contributions" and "Variable Employer Match of Participant Contributions" were deleted.
Section IX. "Limitation on Allocations" was also deleted.
Thereafter, the motion passed 5-0.
HIRING FREEZE LIFTED FOR RECORDS CLERK POSITION
Vice Mayor Valente moved to lift the hiring fireeze on a Records Clerk position Qob code
#5711-0113) in the North Palm Beach Public Safety Department; reference position audit
and needs assessment submitted in accordance with the hiring freeze policy. Councilman
Vastola seconded the motion, and all present voted aye.
HIRING FREEZE LIFTED FOR DISPATCHER POSITION
Councilman O'Meilia moved to lift the hiring freeze on a Dispatcher position in the North
Palm Beach Public Safety Department; reference position audit and needs assessment
submitted in accordance with the hiring freeze policy. 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
9:07 p.m.
K thleen F. Kelly, C, Village lerk~
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