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05-09-1996 VC REG-MMINUTES OF REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, MAY 9, 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 i Mayor Marks gave the invocation, and Councilman O'Meilia 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 817) held 4/25196 Minutes of Public Hearing (Bill 818) held 4/25/96 Minutes of Public Hearing (Bill 819) held 4/25/96 Minutes of Public Hearing (Bill 820) held 4/25/96 Minutes of Regular Session held 4/25/96 REPORT OF THE MAYOR Mayor Marks discussed plans to form a Beautification Committee in the near future, and directed the Village Manager to advertise this in the next newsletter. Additionally, plans are being made to hold a dedication ceremony for sculptures at Lakeside Park. Minutes of Regular Session • Held Thursday, May 9, 1996 PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of Planning Commission's Public Hearing held 4/2/96 Minutes of Planning Commission Meeting held 4/2/96 Minutes of Zoning Board of Adjustment Meeting held 4/9/96 Minutes of Country Club Administrative Board Meeting held 4/15/96 REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Vice Mayor Valente moved that the 4/2/96 recommendations of the Planning Commission be received for file, as follows: 1. Recommended that Council "deny Planned Unit Development known as Prosperity Harbor North because the proposed land use is not compatible with surrounding land use to the north and east". 2. Recommended that Council "deny rezoning ofi Prosperity Harbor North from R-1 to R-3 because the proposed use is not compatible with surrounding land uses to the north and east". 3. Recommended that Council "deny P.U.D. known as Prosperity Harbor South for the following reasons: 1) Development could satisfy subdivision ordinance with modifications; 2) No tree survey submitted; 3) No animal survey submitted; 4) No guard gate recommended; 5) Recommend 5% passive park on Prosperity Farms Road in lieu of proposed donation; 6) Minimum 30' landscape buffer along Prosperity Farms Road recommended". Councilman Vastola seconded the motion, and all present voted aye. VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly reported that the Olympic Torch Relay will pass through North Palm Beach on Saturday, July 6, 1996 at approximately 6:30 a.m. Mr. Kelly • 2 Minutes ofi Regular Session . Held Thursday, May 9, 1996 obtained approval from the Village Council to develop an ordinance which would allow local businesses exemption from certain code regulations during certain hours of Special Events that are designated by the Village Council, which would enable businesses to participate in special events by providing sidewalk cafes. A proposed ordinance will be placed on a future agenda for consideration. Reverend John Frerking addressed the Council at this time regarding possible on-going code violations in his neighborhood, and the lack of response to his complaints. The Village Manager reported that these concerns had been addressed by the Code Enforcement Officer on more than one occasion, but fiound no code violation during the times he inspected the neighborhood. Staff was directed to have the Code Enforcement Officer check the alleged violation every day for the next two weeks. Additionally, Council directed the Public Services Director to submit a full report to the Council on the follow-up to Reverend Frerking's complaints. The Village Manager was directed to send a letter to Reverend Frerking, responding to all the points addressed in his earlier letter. BILL 822 -AMENDING VARIOUS SECTIONS OF ARTICLE IV, CODE ENFORCEMENT • BOARD -PLACED ON SECOND READING AND ENACTED AS ORD. 18-96 Vice Mayor Valente moved that BiII 822 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF ARTICLE VI, CODE ENFORCEMENT BOARD, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE FOR THE PURPOSE OF UPDATING AND BRINGING CODE ENFORCEMENT PROVISIONS IN CONFORMITY WITH THE FLORIDA STATUTES; AMENDING SECTION 2-175, ENFORCEMENT PROCEDURE; AMENDING SECTION 2-176, CONDUCT OF HEARING; AMENDING SECTION 2-178, FINES; LIENS; ADDING A NEW SECTION 2-179 ENTITLED DURATION OF LIEN; RENUMBERING SECTION 2-179, APPEAL, TO SECTION 2-180; RENUMBERING SECTION 2-180, NOTICES, TO SECTION 2-181 AND AMENDING SUCH SECTION; 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. • 3 Minutes of Regular Session • Held Thursday, May 9, 1996 Councilman O'Meilia moved that Bill 822 be enacted as Ordinance 18-96. President Pro Tem Kelley seconded the motion, and all present voted aye. BILL 823 -AMENDING SECTION 18-34.1, OF ARTICLE III, STOPPING, STANDING AND PARKING -PLACED ON FIRST READING Councilman Vastola moved that Bill 823 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 18-34.1 OF ARTICLE III, STOPPING, STANDING AND PARKING, OF CHAPTER 18 OF THE CODE OF ORDINANCES TO PROVIDE ADDITIONAL ROAD RIGHT-OF-WAY WITHIN THE VILLAGE UPON WHICH VEHICLES, TRAILERS AND BOATS ARE PROHIBITED TO PARK; 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 O'Meilia seconded the motion. During discussion, correction was made to language on Page 2, changing "300 feet" to "400 feet". Thereafter, the motion passed 5-0. BILL 824 -AMENDING 1995-96 BUDGET FOR TEMPORARY PART-TIME BUILDING INSPECTOR -PLACED ON FIRST READING President Pro Tem Kelley moved that Bill 824 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 TEMPORARY PART-TIME BUILDING INSPECTOR POSITION be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion, and all present voted aye. • 4 Minutes of Regular Session • Held Thursday, May 9, 1996 RESOLUTION 33-96 ADOPTED -PALM BEACH COUNTY RECREATION ASSISTANCE PROGRAM AGREEMENT FOR COMMUNITY CENTER FIELD LIGHTING Vice Mayor Valente moved that Resolution 33-96 be taken from the table. Councilman Vastola seconded the motion, and all present voted aye. Vice Mayor Valente moved that Resolution 33-96 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 BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES THE VILLAGE WITH RECREATION ASSISTANCE PROGRAM FUNDING OF $50,000.00 FOR INSTALLATION OF LIGHTING AT THE NORTH PALM BEACH COMMUNITY CENTER MULTI-USE ATHLETIC FIELDS; AND, • PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Vastola seconded the motion, and all present voted aye. RESOLUTION 36-96 ADOPTED -ACCEPTING BID FOR SHORELINE PROTECTION PROJECT AT NPBCC Councilman O'Meilia moved that Resolution 36-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE UNIT PRICE BID OF MURRAY LOGAN CONSTRUCTION COMPANY FOR STABILIZATION OF SHORELINE ON THE INTRACOASTAL WATERWAY AT THE NORTH PALM BEACH COUNTRY CLUB, A COPY OF WHICH BID IS ATTACHED TO THIS RESOLUTION; FUNDS TO BE EXPENDED FROM ACCOUNT NO. L8070-33197 (COUNTRY CLUB RESERVE); AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Valente seconded the motion, and all present voted aye. • 5 Minutes of Regular Session • Held Thursday, May 9, 1996 RESOLUTION 37-96 ADOPTED -EQUIPMENT LEASE FINANCING AGREEMENT WITH BARNETT BANK FOR FIRE TRUCK AND AMBULANCES Vice Mayor Valente moved that Resolution 37-96 entitled: A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH AUTHORIZING THE EXECUTION OF THE MASTER GOVERNMENTAL EQUIPMENT LEASE FINANCING AGREEMENT WITH BARNETT BANK OF PALM BEACH COUNTY AND RELATED CERTIFICATES AND DOCUMENTS; FINDING THAT A NEGOTIATED LEASE IS IN THE BEST INTEREST OF LESSEE; CERTIFYING THE LEASE FINANCING AGREEMENT AS A QUALIFIED TAX EXEMPT OBLIGATION; PROVIDING FOR PAYMENT; AND PROVIDING AN EFFECTIVE DATE be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. RESOLUTION 38-96 ADOPTED -AUTHORIZING REVISED NAMAC/FIRE ADDENDUM . FOR HAZMAT Councilman Vastola moved that Resolution 38-96 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 ADDENDUM TO THE NORTHERN AREA MUTUAL AID CONSORTIUM (NAMAC) AGREEMENT, WHICH ADDENDUM IS ATTACHED AS EXHIBIT "A" AND SETS FORTH TERMS AND PROVISIONS FOR THE HAZMAT PROGRAM OF THE CONSORTIUM; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. President Pro Tem Kelley moved that Resolution 39-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING COUNCILMAN CHARLES O'MEILIA AS DELEGATE AND DENNIS W. KELLY, VILLAGE MANAGER, 6 Minutes of Regular Session . Held Thursday, May 9, 1996 AS ALTERNATE DELEGATE TO THE PALM BEACH COUNTY MUNICIPAL LEAGUE; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Vastola seconded the motion, and all present voted aye. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:40 p.m. ~Ly --~ • thleen F. Kelly, CMC, Village Jerk • 7