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12-11-1997 VC REG-MMINUTES OF REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, DECEMBER 11, 1997 Present: Gail H. Vastola, Mayor Charles O'Meilia, Vice Mayor Larry Kelley, President Pro Tem Tom Valente, Councilman David Norris, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL _ Mayor Vastola called the meeting to order at 7:30 p.m. All members of Council were present. All members ofi staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE • President Pro Tem Kelley gave the invocation, and Mayor Vastola 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 held 11/13/97 Minutes of Regular Session held 11/13/97 REPORT OF THE MAYOR By consensus, a Special Meeting was scheduled on Monday, December 15, 1997 to address the merit pay plan. The Village Council, by consensus, agreed that all persons who have served on Village Boards during the last year but have resigned from their respective Boards should be included in this year's Advisory Board dinner to be held in February of 1998. Mayor Vastola announced atwenty-year service award for employees Sally Hart and • Richard Fedak. Minutes of Regular Session Held Thursday, December 11, 1997 STATEMENTS FROM THE PUBLIC Seven residents addressed the Village Council regarding their opposition to the ordinance which requires that recreational vehicles be screened from view from the street- PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of the Library Advisory Board meeting held 10/28/97 Minutes of Planning Commission Public Hearing held 11/4/97 Minutes of Planning Commission Meeting held 11/4/97 Minutes of Country Club Administrative Board Meeting held 11/17/97 Minutes of Recreation Advisory Board Meeting held 11/18/97 REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Vice Mayor O'Meilia moved to receive and file the recommendation ofi the Planning Commission that Council "approve a Certificate of Appropriateness for North Palm Marketplace as submitted", with conditions as detailed in Planning Commission Minutes of 11/4/97. Councilman Valente seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved to receive and file the recommendation of the Planning Commission that Council "approve the proposed amendment to Section 45-33 of the Zoning Code revising permitted uses in the C-1 Neighborhood Commercial District". Councilman Norris seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved to receive and file the recommendation of the Planning Commission that Council "approve the amendment to Section 45-36 of the Zoning Code creating maximum floor area-ratios for commercial development with Village Planning Area 2 (north of Parker Bridge and east of Intracoastal Waterway). President Pro Tem Kelley seconded the motion, and all present voted aye. • 2 Minutes of Regular Session • Held Thursday, December 11, 1997 Councilman Valente moved to receive and fiile the recommendation ofi the Recreation Advisory Board that Council "accept the new Pepsi Scoreboard Agreement as written". President Pro Tem Kelley seconded the motion, and all present voted aye. VILLAGE MANAGER'S REPORT The Village Manager announced the holiday closing schedule for Village employees. BILL 905 -BUDGET AMENDMENT FOR DCA GRANT FOR BICYCLE PATROL - PLACED ON SECOND READING AND ENACTED AS ORD. 46-97 Councilman Valente moved that Bill 905 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 1997-98 TO RE-APPROPRIATE FUNDS IN THE AMOUNT OF $7,000 FOR THE LAW ENFORCEMENT BICYCLE PATROL; FOR THE PORTION OF DCA GRANT RECEIVED BUT NOT SPENT IN • 1996-97 be placed on second reading and read by title alone. President Pro Tem Kelley seconded the motion, and all present voted aye. Councilman Valente moved that Bill 905 be enacted as Ordinance 46-97. President Pro Tem Kelley seconded the motion, and all present voted aye. BILL 906 -REVISING PERMITTED USES IN C-1 NEIGHBORHOOD COMMERCIAL DISTRICT -PLACED ON FIRST READING Councilman Valente moved that Bill 906 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-33, C-1 NEIGHBORHOOD COMMERCIAL DISTRICT, OF ARTICLE III OF APPENDIX C, ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING A GENERAL DESCRIPTION OF THE DISTRICT; AMENDING S-UBSECTION A, USES PERMITTED; AMENDING SUBSECTION C, BUILDING AREA REGULATIONS; AMENDING SUBSECTION D, YARD SPACE REGULATIONS; AMENDING • 3 Minutes of Regular Session . Held Thursday, December 11, 1997 PARAGRAPH 1 OF SUBSECTION E, OFF-STREET PARKING REGULATIONS; REPEALING PARAGRAPH 1 OF SUBSECTION F, FLOOR AREA REGULATIONS; AMENDING SUBSECTION G, CONDITIONS FOR PERMITTED USES; 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 O'Meilia seconded the motion. During discussion, the Council by consensus agreed to insert additional language to include religious worship and religious-related activities under permitted uses, and to remove theaters as a permitted use. The Village Attorney was directed to review Section 45-36 to see if outdoor storage of shopping carts is prohibited under another section of the Code. . Thereafter, the motion passed 5-0. BILL 907 - REVISING ZONING CODE - C-1 NEIGHBORHOOD COMMERCIAL DISTRICT -MAXIMUM FLOOR-AREA RATIO -PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 907 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-36, GENERAL PROVISIONS, OF ARTICLE III OF APPENDIX C, ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING A SUBSECTION P RELATING TO MAXIMUM FLOOR-AREA RATIO; 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 Valente seconded the motion, and all present voted aye. i 4 Minutes of Regular Session • Held Thursday, December 11, 1997 BILL 908 -WASTE DISPOSAL FEES FOR 1997-98 -PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 908 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. President Pro Tem Kelley seconded the motion, and all present voted aye. RESOLUTION 67-97 ADOPTED FINAL CERTIFICATE OF APPROPRIATENESS FOR NORTH PALM MARKETPLACE Councilman Valente moved that Resolution 67-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SITE PLAN FOR A SHOPPING CENTER PROJECT KNOWN AS NORTH PALM MARKETPLACE LOCATED AT U. S. HIGHWAY NO. 1 AND CAROLINDA AVENUE WITHIN THE VILLAGE, WHICH SITE PLAN WAS PREPARED FOR STILES CORPORATION CONSISTING OF SEVEN (7) SHEETS AND ATTACHED HERETO AND MADE PART HEREOF AS EXHIBIT "A", ISSUING A FINAL CERTIFICATE OF APPROPRIATENESS FOR NORTH PALM MARKETPLACE; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Norris seconded the motion. During discussion regarding environmental concerns, it was stated that the Village is in compliance with the Comprehensive Plan and all other ordinances which required the 5 Minutes of Regular Session . Held Thursday, December 11, 1997 environmental studies, and includes another permitting process to take care of the mitigation. Thereafter, the motion passed 5-0. RESOLUTION 68-97 ADOPTED - AGREEMENT WITH SEACOAST UTILITY AUTHORITY Councilman Valente moved that Resolution 68-97 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 A RIGHT OF FIRST REFUSAL AGREEMENT WITH SEACOAST UTILITY AUTHORITY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF GRANTING UNTO VILLAGE THE RIGHT OF FIRST REFUSAL TO PURCHASE REAL PROPERTY LOCATED AT ANCHORAGE DRIVE PARK WITHIN THE VILLAGE; AND, PROVIDING . FOR AN EFFECTIVE DATE be adopted. President Pro Tem Kelley seconded the motion. Vice Mayor O'Meilia moved that Exhibit "A" as called for in the Resolution include all the property at Anchorage Park that is owned by Seacoast Utilities. Councilman Norris seconded the motion, and all present voted aye. Thereafter, the original motion passed 5-0. RESOLUTION 69-97 ADOPTED -CONTRACT AWARD FOR STREET RESURFACING Vice Mayor O'Meilia moved that Resolution 69-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AWARDING A CONTRACT ATTACHED AS EXHIBIT "A" TO FLORIDA HIGHWAY PRODUCTS, INC., FOR RESURFACING OF VILLAGE STREETS AT THE RATE OF $1.35 PER SQUARE YARD AND NOT TO EXCEED THE TOTAL SUM OF $45,000.00; FUNDS TO BE EXPENDED FROM ACCOUNT #A7321-34681; AND, PROVIDING FOR AN EFFECTIVE DATE • 6 Minutes of Regular Session • Held Thursday, December 11, 1997 be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. President Pro Tem Kelley left the meeting at 9:10 p.m.-due to illness. RESOLUTION 70-97 ADOPTED -BID AWARD FOR GOLF COURSE EQUIPMENT Councilman Valente moved that Resolution 70-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BIDS OF PIFER, INC., JUPITER, FLORIDA, IN THE AMOUNT OF $18,030 FOR GREENS AERIFIER AND HYDRAULIC LIFT; KILPATRICK TURF, BOYNTON BEACH, FLORIDA, IN THE AMOUNT OF $32,540 FOR VARIOUS EQUIPMENT; HECTOR TURF, DEERFIELD BEACH, FLORIDA, IN THE AMOUNT OF $11,500 FOR 60" ROTARY MOWER; PATTEN TURF, LAKE WORTH, FLORIDA, IN THE AMOUNT OF $9,995 FORA 150-GALLON SPRAY RIG; UNIVERSAL GEAR, OLDSMAR, FLORIDA, IN THE AMOUNT OF $13,400 FOR A REEL GRINDER; AND SERVICE TRACTOR, INC., WEST PALM BEACH, . FLORIDA, IN THE AMOUNT OF $9,990 FORA 16 HP 4-WHEEL DRIVE TRACTOR; $85,465 TO BE EXPENDED FROM L8045-66490 (CAPITAL- MACHINERY & EQUIPMENT) AND $9,990 TO BE EXPENDED FROM L8048-66490 (MACHINERY & EQUIPMENT) be adopted. Vice Mayor O'Meilia seconded the motion, and all present voted aye. RESOLUTION 71-97 ADOPTED -FLORIDA POWER & LIGHT EASEMENT Vice Mayor O'Meilia moved that Resolution 71-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN EASEMENT TO FLORIDA POWER AND LIGHT COMPANY, ATTACHED AS EXHIBIT "A", WHICH EASEMENT IS FOR THE PURPOSE OF SECURING LIGHTING FOR THE NEWLY-INSTALLED LIGHTS AT THE NORTH PALM BEACH COMMUNITY CENTER BALL FIELDS; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Norris seconded the motion, and all present voted aye. 7 Minutes of Regular Session . Held Thursday, December 11, 1997 RESOLUTION 72-97 ADOPTED - SUPPORTING REAUTHORIZATION OF INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT Vice Mayor O'Meilia moved that Resolution 72-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FOR THE SUPPORT OF THE REAUTHORIZATION OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) BYTHE UNITED STATES CONGRESS AND REQUESTING THAT THE UNITED STATES CONGRESS END THE FUNDING INEQUITY THAT EXISTS FOR THE RECEIPT OF FUNDS BY THE STATE OF FLORIDA; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Norris seconded the motion, and all present voted aye. RESOLUTION 73-97 ADOPTED -LABOR CONSULTANT AGREEMENT Councilman Norris moved that Resolution 73-97 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 SERVICES WITH JAMES A. CHEROF, ESQ., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING LABOR RELATIONS CONSULTANT SERVICES FOR THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor O'Meilia seconded the motion, and all present voted aye. HOLIDAY SCHEDULE APPROVED FOR LIEUTENANTS Vice Mayor O'Meilia moved to approve holidays ofi 12/26/97 and 1/2/98 as the ninth and tenth holidays for PBA-Lieutenants, per Article 16. PAID HOLIDAYS of the Collective Bargaining Agreement. Councilman Valente seconded the motion, and all present voted aye. • 8 Minutes of Regular Session • Held Thursday, December 11, 1997 BUDGET TRANSFER APPROVED FOR PUBLIC SERVICES HOLIDAY SCHEDULE Councilman Valente moved to approve a budget transfer in the amount of $2,650 from A5540-49911 (Council Contingency) to A7020-1 1 41 0 (Sanitation-Holiday Pay) for the purpose of funding overtime pay for tenth holiday of 12/26/97 for the Department of Public Services. Vice Mayor O'Meilia seconded the motion. During discussion, the Council agreed by consensus to take the funds from A7020-11210 (Regular Pay-Sanitation) instead of from Council Contingency. Thereafter, the motion passed 4-0_ __ SOLE SOURCE PURCHASES APPROVED FOR EMS Vice Mayor O'Meilia moved to approve sole source purchases for one Physio-Control LIFEPAK 11/12 Lead Monitor and one LIFEPAK 500 Defibrillator in the amount of • $14,050.56. Councilman Norris seconded the motion, and all present voted aye. SURPLUS FIRE TRUCK -SALE APPROVED Vice Mayor O'Meilia moved to declare Fire Engine No. 3 surplus equipment, and approve its sale to Waynesville Rural Fire Protection District of Waynesville, Missouri for bid amount of $31,500. Councilman Norris seconded the motion, and all present voted aye. FUEL TANK LOCATION APPROVED FOR PUBLIC SAFETY BUILDING Vice Mayor O'Meilia moved to approve minor modification to the site plan for Public Safety facility by locating the fuel tank at the new site. Councilman Valente seconded the motion, and all present voted aye. HIRING FREEZE LIFTED ON PUBLIC SAFETY OFFICER POSITION Councilman Valente moved to lift the hiring freeze on a Public Safety Officer position (job code #5711-0127) in the Public Safety Department; reference position audit and needs assessment submitted in accordance with the hiring freeze policy. Vice Mayor O'Meilia seconded the motion, and all present voted aye. • 9 Minutes of Regular Session Held Thursday, December 11, 1997 HIRING FREEZE LIFTED ON VEHICLE MECHANIC II POSITION Councilman Valente moved to lift the hiring freeze on a Vehicle Mechanic II position (job code #5522-0102) in the Public Safety Department; reference position audit and needs assessment submitted in accordance with the hiring freeze policy. Vice Mayor O'Meilia seconded the motion, and all present voted aye. CONSTRUCTION DOCUMENT PHASE AND BID AUTHORIZATION FOR PUBLIC SAFETY BUILDING Vice Mayor O'Meilia moved to accept construction document phase and authorize staff to proceed with bid announcement for the new Public Safety Building. Councilman Valente seconded the motion. During discussion, it was clarified that the moving of the road would remain part of the project and bid process, however, the proposed wall, landscaping and irrigation will not be part ofi the bid process, but will be a separate project. • Thereafter, the motion passed 4-0. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:45 p.m. ~~ K thleen F. Kelly, CMC, Villag Clerk • 10