01-25-1996 VC REG-MMINUTES OF REGULAR SESSION
• OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY. JANUARY 25. 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
Kathleen F. Kelly, Village Clerk
Absent: George W. Baldwin, Village Attorney
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 except Village Attorney George Baldwin, who
was expected momentarily.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Kelley gave the invocation, and Councilman Vastola led the public in
the Pledge of Allegiance to the Flag.
Village Attorney George Baldwin arrived at 7:32 p.m.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Public Hearing held 1/11/96
Minutes of Regular Session held 1/11/96
STATEMENTS FROM THE PUBLIC
Tillie Gardner, 1117 Marine Way, addressed the Council regarding her efforts with
Citibank to implement an incentive reading program for children, to take place during the
summer months. Mrs. Gardner submitted a letter from Citibank, which promises a $200
savings bond to be added as a prize for the reading competition. Additionally, the Florida
• Marlins will offer the weekly winner four tickets to Marlin games. Both rewards require
that an official request be made by the Library on its letterhead stationery, stating the
Minutes of Regular Session
• held Thursday, January 25, 1996
number of teenagers who will be targeted as well as how the program will be marketed.
Mrs. Gardner asked the Council for permission for this project.
Mrs. Gardner also report that she had been able to secure a financial scholarship for
deserving students attending Palm Beach Gardens High School who want to attend
college.
Vice Mayor Marks moved to support the summer reading project and to direct the Village
Manager to work with the Library to meet the requirements for this program. Councilman
Vastola seconded the motion, and all present voted aye.
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Library Advisory Board Meeting held 11/28/96
Minutes of Code Enforcement Board Meeting held 1/8/96
• Minutes of Country Club Administrative Board Meeting held 1/8/96
Minutes of Recreation Advisory Board Meeting held 1/9/96
BILL 807 -SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN -PLACED
ON SECOND READING AND ENACTED AS ORD. 3-96
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
•
2
Minutes of Regular Session
held Thursday, January 25, 1996
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 807 be enacted as Ordinance 3-96. Councilman
Vastola seconded the motion, and all present voted aye.
BILL 808 -RESTRICTING HOURS OF SALE OF ALCOHOLIC BEVERAGES -PLACED
ON SECOND READING AND ENACTED AS ORD. 4-96
Vice Mayor Marks moved that BiII 808 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 3-2 OF
CHAPTER 3, ALCOHOLIC BEVERAGES, OF THE CODE OF
ORDINANCES OF THE VILLAGE RELATING TO HOURS OF SALE OF
INTOXICATING LIQUORS AND BEVERAGES WITHIN THE VILLAGE OF
NORTH PALM BEACH; 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 808 be enacted as Ordinance 4-96. Councilman
O'Meilia seconded the motion, and all present voted aye.
Discussion took place at this time regarding the current code and required distances
between churches and businesses selling or dispensing alcoholic beverages. It was noted
that North Palm Beach's code requirement is 1,000 feet, and the code in Lake Park
requires only 500 feet, which could create problems within the Twin City Mall
development. By consensus, the Council agreed to forward this matter to the Planning
Commission for review, asking for a recommendation for possible amendment to the code
requirement of 1,000 feet between churches and businesses selling or dispensing
alcoholic beverages.
BILL 809 -RAISING AMOUNT OF PARKING FINES -PLACED ON SECOND READING
AND ENACTED AS ORD. 5-96
Vice Mayor Marks moved that Bill 809 entitled:
•
3
Minutes of Regular Session
• held Thursday, January 25, 1996
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 second reading and read by title alone. Councilman O'Meilia seconded the
motion, and all present voted aye.
Vice Mayor Marks moved that Bill 809 be enacted as Ordinance 5-96. Councilman
Vastola seconded the motion, and all present voted aye.
BILL 810 -AMENDING ADULT ENTERTAINMENT ORDINANCE - PLACED ON
SECOND READING AND ENACTED AS ORD. 6-96
• Councilman O'Meilia 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 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 810 be enacted as Ordinance 6-96. Councilman
Vastola seconded the motion, and all present voted aye.
4
Minutes of Regular Session
• held Thursday, January 25, 1996
BILL 811 -BUDGET APPROPRIATION TO FUND FEASIBILITY STUDY FOR CENTRAL
DISPATCH SYSTEM - PLACED ON SECOND READING AND ENACTED AS ORD 7-96
Councilman Vastola moved that Bill 811 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 A FEASIBILITY
STUDY OF A CENTRALIZED DISPATCH SYSTEM TO HANDLE
EMERGENCY RESPONSE REQUESTS
be placed on second reading and read by title alone. Vice Mayor Marks seconded the
motion, and all present voted aye.
Councilman Vastola moved that Bill 811 be enacted as Ordinance 7-96. Vice Mayor
Marks seconded the motion, and all present voted aye.
BILL 812 -COMMERCIAL WASTE DISPOSAL FEES -PLACED ON FIRST READING
• Councilman O'Meilia moved that Bill 812 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (2) OF
SECTION 14-30 OF ARTICLE II, GARBAGE, TRASH AND REFUSE, OF
CHAPTER 14 OF THE CODE OF ORDINANCES OF THE VILLAGE
RELATING TO ANNUAL DISPOSAL FEES FOR GARBAGE, TRASH AND
OTHER REFUSE COLLECTED BY THE VILLAGE OF NORTH PALM
BEACH; 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.
RESOLUTION 4-96 ADOPTED -AMENDING RESTAURANT LEASE
Councilman Vastola moved to take Resolution 4-96 from the table. Councilman O'Meilia
seconded the motion, and all present voted aye.
• 5
Minutes of Regular Session
• held Thursday, January 25, 1996
President Pro Tem Kelley 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. Councilman Vastola seconded the motion, and all present voted aye.
RESOLUTION 6-96 ADOPTED - SUPPORTING AMENDMENT TO FLORIDA'S
FELONY/MURDER STATUTE TO INCLUDE THE ACT OF VEHICULAR HIT AND RUN
Vice Mayor Marks moved that Resolution 6-96 entitled:
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, URGING THE PALM BEACH COUNTY
LEGISLATIVE DELEGATION TO SUPPORT HOUSE BILL NO. 173 AND
SENATE BILL NO. 16 IN AN EFFORT TO AMEND FLORIDA'S
FELONY/MURDER STATUTE TO INCLUDE THE ACT OF VEHICULAR
HIT AND RUN AMONG THE ENUMERATED OFFENSES OF SAID
STATUTE; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
The Village Clerk was directed to forward a copy of this resolution to the Palm Beach
County Legislative Delegation and to Mayor William Wagner of Lake Park.
RESOLUTION 7-96 ADOPTED -FIRE TRUCK BID
Vice Mayor Marks moved that Resolution 7-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF PIERCE
MANUFACTURING, INC., APPLETON, WISCONSIN, FOR ONE 75 FOOT
•
6
Minutes of Regular Session
• held Thursday, January 25, 1996
QUINTUPLET FIRE APPARATUS, MODEL NO. DASH-S 75 FOOT HDL IN
THE AMOUNT OF $446,235.00, A COPY OF WHICH BID IS ATTACHED
TO THIS RESOLUTION; FUNDS TO BE EXPENDED FROM ACCOUNT
NO. A5812-66410 (CAPITAL-AUTOMOTIVE); PROVIDING THAT
PAYMENT IS ONLY TO BE MADE TO PIERCE MANUFACTURING, INC.
UPON APPROVAL OF THE LEASE-PURCHASE AGREEMENT BY THE
VILLAGE COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Vastola seconded the motion.
During discussion, the Council agreed by consensus that the lease agreement should
contain language which stipulates that the lease will not commence until such time as the
Village has signed a certificate of delivery that it has received the equipment. If the
equipment comes in and it is not in good shape, the Village won't sign the certificate of
delivery and the lease won't commence.
Thereafter, the motion passed 5-0.
• RESOLUTION 8-96 ADOPTED -AMBULANCE BID
Vice Mayor Marks moved that Resolution 8-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF M000Y-
MILLER OF DUNEDIN, FLORIDA, FOR TWO (2) EMERGENCY MEDICAL
VEHICLES IN THE AMOUNT OF $105,368.00 FOR THE TWO (2)
VEHICLES, A COPY OF WHICH BID IS ATTACHED TO THIS
RESOLUTION; FUNDS TO BE EXPENDED FROM ACCOUNT NO. A6418-
66410 (CAPITAL-AUTOMOTIVE); PROVIDING THAT PAYMENT IS ONLY
TO BE MADE TO MCCOY-MILLER OF DUNEDIN, FLORIDA, UPON
APPROVAL OF THE LEASE-PURCHASE AGREEMENT BY THE VILLAGE
COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman O'Meilia seconded the motion.
During discussion, the Finance Director advised the Council that a budget transfer for the
ambulances would not be necessary, as adequate funding was available; therefore Item
12.a. was deleted from the agenda.
C 1
J
7
Minutes of Regular Session
• held Thursday, January 25, 1996
Thereafter, all present voted aye.
RESOLUTION 9-96 ADOPTED -CONSULTING ENGINEER AGREEMENT
Councilman O'Meilia moved that Resolution 9-96 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 FOR
PROFESSIONAL ENGINEERING AND SURVEYING SERVICES WITH
HOWARD L. SEARCY CONSULTING ENGINEERS, A DIVISION OF
LINDAHL, BROWNING, FERRARI AND HELLSTROM, INC., AS SET
FORTH IN EXHIBIT "A" ATTACHED; AND, PROVIDING FOR AN
EFFECTIVE DATE
be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye.
RESOLUTION 10-96 ADOPTED -NOTICE OF GENERAL ELECTION
• Councilman Vastola moved that Resolution 10-96 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE
GENERAL ELECTION TO BE HELD ON MARCH 12, 1996; NAMING THE
TIME AND PLACE WHERE SUCH ELECTION SHALL BE HELD;
APPOINTING THE ELECTION OFFICIALS FOR THE GENERAL
ELECTION AND RUNOFF ELECTION; DECLARING THE OFFICES TO BE
FILLED AT SUCH ELECTION
be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye.
A
Councilman Vastola moved to designate Jackie Winchester, Supervisor of Elections, or
her designee, as a Canvassing Board member for the Village Election of March 12, 1996,
and the Village's representative for the Logic and Accuracy testing ofi the tabulating
equipment on Friday, March 8, 1996 at 10:30 a.m. at the Palm Beach County
•
8
Minutes of Regular Session
held Thursday, January 25, 1996
Governmental Center for the Village Election of March 12, 1996 and the runoff election,
should there be one. Vice Mayor Marks seconded the motion, and all present voted aye.
HIRING FREEZE LIFTED FOR PUBLIC SAFETY OFFICER POSITION
Vice Mayor Marks moved to lift the hiring freeze on Public Safety Officer position Qob
code #5711-0124) 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
8:45 p.m.
•
thleen F. Kelly, CMC, Village erk
9