02-13-1997 VC REG-M•
•
MINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, FEBRUARY 13, 1997
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
Vice Mayor Valente gave the invocation, and President Pro Tem Kelley 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 1/23/97
Minutes of Regular Session held 1/23/97
Minutes of Special Session held 1/31/97
REPORT OF THE MAYOR _ _ _ _
Mayor Marks removed Item 12.d., Personnel Rules and Regulations, from the Regular
Session agenda. This item was placed at the end of the Workshop Session agenda.
President Pro Tem Kelley reported that discussions with several representatives of
Portage Landing had indicated that they are not seriously interested in annexation at this
time, unless the Village could offer and provide water and sewer.
STATEMENTS FROM THE PUBLIC
• Greg Yoder, 701 Huckleberry Lane, addressed the Council regarding the prohibition of
utility trailers in the R-1 Zoning District. Public Services Director Tom Hogarth was
directed to consult with the Village Attorney on this matter, and to get back with Mr. Yoder
with clarification.
Minutes of Regular Session
held Thursday, February 13, 1997
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Construction Board of Adjustment & Appeals Meeting held 8/27/96
Minutes of Zoning Board of Adjustment Meeting held-12/10/96
Minutes of Code Enforcement Board Meeting held 1/6/97
Minutes of Country Club Administrative Board Meeting held 1/20/97
Minutes of Library Advisory Board Meeting held 1/28/97
Minutes of Country Club Administrative Board Meeting held 2/3/97
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
• Vice Mayor Valente moved to accept for file the recommendation of the Country Club
Administrative Board that Council "accept low bid from Ultimate Pools, Inc., in the amount
of $112,500.00 from L8051-66490 (Pool-Machinery & Equipment) for a pool filtration
system". Councilman Vastola seconded the motion, and all present voted aye.
BILL 868 -BUDGET AMENDMENT FOR BACK PAY SETTLEMENT -PLACED ON
SECOND READING AND ENACTED AS ORD. 8-97 _ .
Vice Mayor Valente moved that Bill 868 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 $16,300.00 FOR THE BACK PAY SETTLEMENT WITH PSO DAVID
LOONAN
be placed on second reading and read by title alone. Councilman Vastola seconded the
motion, and all present voted aye.
Vice Mayor Valente moved that Bill 868 be enacted as Ordinance 8-97. Councilman
Vastola seconded the motion, and all present voted aye.
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Minutes of Regular Session
held Thursday, February 13, 1997
• BILL 870 -ADOPTING NATIONAL ELECTRIC CODE - PLACED ON SECOND READING
AND ENACTED AS ORD. 9-97
Councilman O'Meilia moved that Bill 870 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 11-11 OF
ARTICLE II, ELECTRICAL CODE, OF CHAPTER 11 OF THE CODE OF
ORDINANCES OF THE VILLAGE ADOPTING THE NATIONAL ELECTRIC
CODE, 1996 EDITION, AND PALM BEACH COUNTYWIDE AMENDMENTS
THERETO; 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.
President Pro Tem Kelley moved that Bill 870 be enacted as Ordinance 9-97.
Councilman O'Meilia seconded the motion, and all present voted aye.
. BILL 875 -CODE AMENDMENT -RIGHTS-OF-WAY FOR UTILITIES -PLACED ON
FIRST READING
Councilman O'Meilia moved that Bill 875 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 28-1 OF
CHAPTER 28, USE OFRIGHTS-OF-WAY FOR UTILITIES, OF THE CODE
OF ORDINANCES OF THE VILLAGE TO PROVIDE THAT CHAPTER 28
DOES NOT APPLY TO CABLE TELEVISION SYSTEMS,; 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 Valente seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 869 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING AND ADOPTING A
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Minutes of Regular Session
held Thursday, February 13, 1997
CABLE TELEVISION FRANCHISE AGREEMENT ATTACHED AS EXHIBIT
"A" BETWEEN THE VILLAGE OF NORTH PALM BEACH AND
SOUTHEAST FLORIDA CABLE, INC., D/B/A ADELPHIA CABLE
COMMUNICATIONS, FOR THE PROVISION OF CABLE TELEVISION
SERVICES INCLUDING THE OPERATION AND MAINTENANCE OF THE
CABLE TELEVISION SYSTEM IN THE VILLAGE OF NORTH PALM
BEACH, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH; 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 871 -FIRE PREVENTION CODE, 1994 EDITION -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 871 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE- VILLAGE OF-
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 12-16 OF
ARTICLE II., FIRE PREVENTION CODE, OF CHAPTER 12 OF THE CODE
• OF ORDINANCES OF THE VILLAGE ADOPTING THE STANDARD FIRE
PREVENTION CODE, 1994 EDITION; 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.
During discussion, by consensus, the Council agreed to amend Bill 871 by including the
Life Safety Code, NFPA 101, 1988 Edition, and to include same in Section 1, Section 12-
16.
Thereafter, the motion passed 5-0.
BILL 872 -AMENDING ZONING CODE -TELECOMMUNICATIONS TOWERS
Councilman O'Meilia moved that Bill 872 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADDING A SECTION 45-21 TO
ARTICLE II OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES
OFTHE VILLAGETO PROVIDE FOR TELECOMMUNICATIONRNTENNA
AND ANTENNA TOWERS WITHIN THE VILLAGE AND REGULATIONS
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Minutes of Regular Session
held Thursday, February 13, 1997
THEREFORE; AMENDING SECTION 45-32 (DEFINITIONS) OF ARTICLE
I OF APPENDIX C-ZONING BY ADDING DEFINITIONS FOR ANTENNA
AND ANTENNA TOWERS; AMENDING SUBSECTIONS A AND M OF
SECTION 45-36 (GENERAL PROVISIONS) OF ARTICLE III OF APPENDIX
C-ZONING TO PROVIDE- THAT TELECOMMUNICATION
ANTENNA/TOWERS ARE SUBJECT THERETO AND AMENDING
BUILDING HEIGHT REGULATIONS; 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 873-1996-97 BUDGETAMENDMENT FOR LOCAL LAW ENFORCEMENT BLOCK
GRANT -PLACED ON FIRST READING
Vice Mayor Valente moved that Bill 873 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 $11,111.00 FOR BICYCLE PATROL TO BE FUNDED BY
DEPARTMENT OF COMMUNITY AFFAIRS AND PORTION TO BE
MATCHED BY THE VILLAGE
be placed on first reading and read by title alone. Councilman Vastola seconded the
motion, and all present voted aye.
BILL 874 -CAPITAL PROJECT FUND -PLACED ON FIRST READING
Councilman Vastola moved that Bill 874 entitled:
AN ORDINANCE OF THE VILLAGE OF ORTH PALM BEACH, FLORIDA,
ESTABLISHING A CAPITAL PROJECT FUND FOR THE VILLAGE OF
NORTH PALM BEACH FOR THE CONSTRUCTION OF CERTAIN
FACILITIES, AND ADOPTING THE BUDGET FOR THE CONSTRUCTION
OF PUBLIC SAFETY BUILDING, RECREATION BUILDING AT --
ANCHORAGE PARK, AND BALL FIELD AT THE COMMUNITY CENTER;
ATTACHED AS EXHIBIT "A", AND PROVIDING FOR AN EFFECTIVE
DATE
. be placed on first reading and read by title alone. Vice Mayor Valente seconded the
motion.
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Minutes of Regular Session
held Thursday, February 13, 1997
® During discussion, Councilman O'Meilia moved to amend the ordinance by adding an item
D. to the caption and to Section 2. to include the Osborne Park Concession Stand.
Councilman Vastola seconded the motion, and all present voted aye.
Additionally, staff was directed to revise the Revenues and Expenditures Budget, attached
as Exhibit "A", to show three basic categories, i.e. Construction, Professional Services,
and Contingency, with revised numbers; and splitting the architectural fees out, against
each property.
Further, $100,000 in lighting (grant firom Palm Beach County) should be included as a
revenue item.
Thereafter, the original motion, as amended, passed 5-0.
RECESS
The meeting recessed at 8:40 p.m. and reconvened at 8:52 p.m.
RESOLUTION 9-97 ADOPTED -ANNUAL VENDOR CONTRACTS
Vice Mayor Valente moved that Resolution 9-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE ANNUAL VENDOR
CONTRACTS FOR LABOR AND MATERIALS AS AWARDED BY PALM
BEACH COUNTY, THE STATE OF FLORIDA AND THE PALM BEACH
COUNTY COOPERATIVE PURCHASING COUNCIL AND PROVIDING AN
EFFECTIVE DATE
be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye.
RESOLUTION 10-97 -APPROVING LOCAL LAW ENFORCEMENT BLOCK GRANT
APPLICATION
Vice Mayor Valente moved that Resolution 10-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND
VILLAGE MANAGER TO APPLY FOR AND ACCEPT A LOCAL LAW
ENFORCEMENT BLOCK GRANT PROGRAM WITH THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS (DEPARTMENT) WHEREIN THE
. VILLAGE WOULD RECEIVE $10,000.00 FROM THE DEPARTMENT AND BE
REQUIRED TO PROVIDE A TEN PERCENT (10%) CASH MATCH; AND,
PROVIDING FOR AN EFFECTIVE DATE
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Minutes of Regular Session
held Thursday, February 13, 1997
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
RESOLUTION 11-97 ADOPTED -BID AWARD FOR POOL FILTER REPLACEMENT
Vice Mayor Valente moved that Resolution 11-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF ULTIMATE
POOLS OF DAVIE, FLORIDA, FOR THE FURNISHING AND
INSTALLATION OF A NEW POOL FILTER AND ASSOCIATED
EQUIPMENT AT THE NORTH PALM BEACH COUNTY CLUB POOL, A
COPYOF WHICH BID IS ATTACHEDTOTHIS RESOLUTION; FUNDS TO
BE EXPENDED FROM ACCOUNT NO. L8051-66490; AND PROVIDING
FOR AN EFFECTIVE DATE
be adopted. Councilman O'Meilia seconded the motion, and all present voted aye.
• This item was removed from the agenda and was added to the Workshop Session
agenda.
Vice Mayor Valente moved to approve budget transfer in the amount of $15,000 for
closing costs in the purchase of MacArthur properties for Public Safety facility on U. S.
One, and Anchorage Park property, from A5540-49911 (Council Contingency) to A5206-
66500 (Real Estate-Property); (dollar amount to be .determined; closing scheduled for
Friday, 2/14/97.) President Pro Tem Kelley seconded the motion, and all present voted
aye.
HIRING FREEZE LIFTED ON TWO POLICE DISPATCHER POSITIONS
Vice Mayor Valente moved to lift hiring freeze on two Dispatcher positions Qob codes
#5711-0139 and #5711-0140) in the Department of Public Safety; reference position
audits and needs assessments submitted in accordance with the hiring freeze policy.
Councilman Vastola seconded the motion, and all present voted aye.
HIRING FREEZE LIFTED ON TWO PUBLIC SAFETY OFFICER POSITIONS
• Vice Mayor Valente moved to lift hiring freeze on two Public Safety Officer positions Qob
codes #5711-0128 and #5711-0136) in the Department of Public Safety; reference
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Minutes of Regular Session
held Thursday, February 13, 1997
i position audits and needs assessments submitted in accordance with the hiring freeze
policy. 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
9 05 p.m. _ ~
F. Kelly, CMC, Village
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