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01-11-1996 VC REG-M• MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JANUARY 11, 1996 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 Councilman O'Meilia gave the invocation, and 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 (Bill 801) held 12/14/95 Minutes of Public Hearing (Bill 800) held 12/14/95 Minutes of Regular Session held 12/14/95 REPORT OF THE MAYOR Representative Sharon Merchant addressed the Village Council with a legislative update on various issues, including the status of the budget, Medicaid and Medicare, the Telecommunications Bill, banking regulations and economic development. • Minutes of Regular Session • held Thursday, January 11, 1996 Mayor Valente presented a Certificate of Appreciation and Gift Certificate to Patricia Sohar of the Finance Department, for her 20 years of service as a Village employee. Mayor Valente also presented the General Finance Officers' Award for Excellence in Financial Reporting to Finance Director Shaukat Khan. PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of Country Club Administrative Board Meeting held 12/4/95 Minutes of Planning Commission Meeting held 12/5/95 Minutes of Recreation Advisory Board Meeting held 12/12/95 Minutes of Country Club Administrative Board Meeting held 12/18/95 • BILL 803 -REPEALING REQUIREMENT FOR AUTOMATIC FIRE SPRINKLERS - PLACED ON SECOND READING AND ENACTED AS ORD. 1-96 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), 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 second reading and read by title alone. Vice Mayor Marks seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 803 be enacted as Ordinance 1-96. Vice Mayor Marks seconded the motion, and all present voted aye. • 2 Minutes of Regular Session . held Thursday, January 11, 1996 BILL 806 - AMENDING 1995-96 BUDGET FOR CONSTRUCTION OF Councilman Vastola 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 be placed on second reading and read by title alone. Vice Mayor Marks seconded the motion, and all present voted aye. President Pro Tem Kelley moved that Bill 806 be enacted as ordinance 2-96. Councilman Vastola seconded the motion, and all present voted aye. • BILL 807 -SMALL SCALE AMENDMENT TO COMP PLAN -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 807 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT DESIGNATED AS 96-1 TO THE COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS 163.3161 ET. SEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A"; 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. • 3 Minutes of Regular Session • held Thursday, January 11, 1996 BILL 808 -RESTRICTING HOURS OF SALE OF ALCOHOLIC BEVERAGES -PLACED ON FIRST READING Councilman Vastola moved that Bill 808 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE NORTH PALM BEACH, FLORIDA, AMENDING SECTION 3-2 CHAPTER 3, ALCOHOLIC BEVERAGES. ORDINANCES OF THE VILLAGE RELATING INTOXICATING LIQUORS AND BEVERAGES NORTH PALM BEACH; PROVIDING FOR ORDINANCES OR PARTS OF ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE OF THE CODE TO HOURS OF SALE OF OF OF OF WITHIN THE VILLAGE OF THE REPEAL OF ALL IN CONFLICT HEREWITH; be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion, and all present voted aye. The Council requested that a report due from the staff regarding distances between businesses that serve alcoholic beverages and churches, parks, etc. and the effect on the Twin City Mall if there are any discrepancies between Lake Park and the Village be submitted before the next Regular Session. BILL 809 -INCREASING PARKING FINES -PLACED ON FIRST READING Vice Mayor Marks moved that Bill 809 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 18-38 OF ARTICLE III OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF ORDINANCES OF THE VILLAGE, RELATING TO AMOUNT OF FINE FOR STOPPING, STANDING AND PARKING IN NON- HANDICAP SPACES; 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 O'Meilia seconded the motion. • 4 Minutes of Regular Session • held Thursday, January 11, 1996 During discussion, the Village Manager requested that clarification be made by inserting the words "a vehicle" after the word "parking" in the first sentence of Section 18.38. The Village Attorney will review the suggestion and make a recommendation prior to next meeting. Thereafter, the motion passed 5-0. BILL 810 -AMENDING ADULT ENTERTAINMENT ORDINANCE Councilman Vastola moved that Bill 810 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (5), MEASUREMENT OF DISTANCE FROM PROPOSED OR EXISTING ADULT ENTERTAINMENT ESTABLISHMENTS, OF SECTION 45-20 OF ARTICLE II OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE WHICH HAD BEEN CREATED BY ORDINANCE 22-95 OF THE VILLAGE TO PROVIDE FOR ZONING REQUIREMENTS FOR • ADULT ENTERTAINMENT 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 first reading and read by title alone. President Pro Tem Kelley seconded the motion, and all present voted aye. BILL 811 - BUDGET APPROPRIATION FOR CENTRAL DISPATCH SYSTEM FEASIBILITY STUDY -PLACED ON FIRST READING Vice Mayor Marks moved that Bill 811 entitled: AN ORDINANCE OFTHE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1995-96 TO APPROPRIATE FUNDS FOR A FEASIBILITY STUDY OF A CENTRALIZED DISPATCH SYSTEM TO HANDLE EMERGENCY RESPONSE REQUESTS be placed on first reading and read by title alone. Councilman Vastola seconded the motion, and all present voted aye. u 5 Minutes of Regular Session • held Thursday, January 11, 1996 RESOLUTION 1-96 ADOPTED -APPOINTING MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS By written ballot, copies of which are attached to the official Minutes of Record, the Village Council appointed Scott Studer to the Construction Board of Adjustment and Appeals. Thereafter, the name of Scott Studer was entered into Resolution 1-96. Councilman O'Meilia moved that Resolution 1-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS OF THE VILLAGE OF NORTH PALM BEACH be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. RESOLUTION 2-96 ADOPTED -APPROVING FINAL ASSESSMENT ROLL FOR CONSTRUCTION OF PUBLIC POTABLE WATER LINES ALONG WABASH DRIVE • Vice Mayor Marks moved that Resolution 2-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE FINAL ASSESSMENT ROLL FOR CONSTRUCTION OF PUBLIC POTABLE WATER LINES ALONG WABASH DRIVE, CIRCLE AIRE SUBDIVISION, UNRECORDED PLAT, WITHIN THE VILLAGE OF NORTH PALM BEACH, WHICH FINAL ASSESSMENT ROLL IS ATTACHED AS EXHIBIT "A"; PROVIDING THAT SUCH ASSESSMENTS STAND CONFIRMED AND REMAIN LEGAL, VALID AND BINDING FIRST LIENS UPON THE PROPERTIES AGAINST WHICH SUCH ASSESSMENTS ARE MADE UNTIL PAID; PROVIDING FOR CREDIT TO EACH OF THE ASSESSMENTS OF THE DIFFERENCE IN THE ASSESSMENT AS ORIGINALLY MADE, APPROVED AND CONFIRMED AND THE PROPORTIONATE PART OF THE ACTUAL COST OF THE IMPROVEMENTTO BE PAID BY SPECIAL ASSESSMENTS; PROVIDING THAT ASSESSMENTS SHALL BE PAID AND COLLECTED IN THE MANNER SET FORTH IN RESOLUTION NO. 31-94 OF THE VILLAGE AND CHAPTER 170 OF THE FLORIDA STATUTES; PROVIDING THAT THE ASSESSMENTS SHALL BE RECORDED BY THE VILLAGE CLERK u 6 Minutes of Regular Session • held Thursday, January 11, 1996 IN A SPECIAL BOOK TO BE KNOWN AS THE "IMPROVEMENT LIEN BOOK"; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion, and all present voted aye. RESOLUTION 3-96 ADOPTED -CONFIRMING EMERGENCY PURCHASE Councilman O'Meilia moved that Resolution 3-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PURSUANT TO 6.02 C OF THE PURCHASING REGULATIONS RATIFYING AND CONFIRMING THE EMERGENCY PURCHASE OF A PUMP FOR THE IRRIGATION SYSTEM AT THE NORTH PALM BEACH COUNTRY CLUB, DURING THE FISCAL YEAR OCTOBER 1, 1994 TO OCTOBER 1, 1995; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. • RESOLUTION 4-96 TABLED -AMENDING RESTAURANT LEASE Councilman Vastola moved that Resolution 4-96 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 AMENDMENT TO THE LEASE AGREEMENT TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB, WHICH AMENDMENT IS FOR THE PURPOSE OF ALTERING REQUIREMENTS FOR SERVING OF DINNER AT THE COUNTRY CLUB; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Marks seconded the motion. During discussion, it came to the Council's attention that the lessee has not yet submitted his letter agreeing to provide workers compensation insurance for employees that the lessee hires apart from his contract with the personnel agency, as requested by the Village Council at an earlier meeting. CJ 7 Minutes of Regular Session • held Thursday, January 11, 1996 Vice Mayor Marks moved to table Resolution 4-96 until the requested information is obtained. Councilman Vastola seconded the motion, and all present voted aye. RESOLUTION 5-96 ADOPTED -DISASTER RELIEF FUNDING AGREEMENT Councilman O'Meilia moved that Resolution 5-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE "DISASTER RELIEF FUNDING AGREEMENT" BETWEEN THE VILLAGE AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. LAND ACQUISITION -PUBLIC SAFETY SITE • Councilman Vastola moved that priority for land acquisition for a Public Safety site be Lots "C", "D", and "B" properties, as described in RCA dated January 11, 1996, and that staff be directed to order appraisals on all three properties, if appraisals can be obtained for a total of $5,000 or less. If the cost of appraisal of the properties exceeds $5,000, the matter shall be brought back before the Council for further consideration. Councilman O'Meilia seconded the motion, and all present voted aye. HIRING FREEZE LIFTED FOR DISPATCHER POSITION Vice Mayor Marks moved to lift the hiring freeze on a Dispatcher position Qob code #5711-0139) in the 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 SANITATION COLLECTOR POSITION President Pro Tem Kelley to lift the hiring freeze on aCollector-Sanitation position (job code #7020-0111) in the Public Services Department; refierence position audit and needs assessment submitted in accordance with the hiring freeze policy. Councilman O'Meilia seconded the motion, and all present voted aye. • Minutes of Regular Session • held Thursday, January 11, 1996 HIRING FREEZE LIFTED FOR PUBLIC SAFETY OFFICE POSITION Vice Mayor Marks moved to lift the hiring freeze on a Public Safety Officer position (job code #5711-0134) 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. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:15 p.m. •~ ~ t athleen F. Kelly, CMC, Village Jerk • 9 ~LE'~Z2~`'~~T~~~Y SHED CONSTRUCTION BOARD F ADJUSTMENT & APPEALS 1/11/96 Rao, Joseph W. _~ Studer, Scott • csa, su CONSTRUCTION BOARD Select 1 name: Rao, Joseph W. Studer, Scott BALLOT OF ADJUSTMENT AND APPEALS 1/11/96 v • (Signature) ~~ 1~~~~~ CHA.HAL BALLOT _ CONSTRUCTION BOARD OF ADJUSTMENT 1/11/96 Select 1 name: Rao, Joseph W. Studer, Scott G~ • (Signature) ~ t AND APPEALS CBA.BAL BALLOT ` CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS 1/11/96 Select 1 name: Rao, Joseph W. Studer, Scott 1~ ~ ~i~~~~,,=~ (Signature) t can.au. ~~ CONSTRUCTSON BOARD Select 1 Warne: Rao, Joseph W. Studer, Scott BALLOT OF ADJUSTMENT AND APPEALS 1/11/96 ,/'r ~ J (Sig at e) f C8A.8AL BALLOT CONSTRUCTION BOARD OF ADJIT5TMENT AND APPEALS 1/11/96 Select 1 name: Rao, Joseph W. Studer, Scott • t ~~e~.