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02-27-1997 VC REG-MMINUTES OF REGULAR SESSION OF THE ----- VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, FEBRUARY 27, 1997 Present: V. A. Marks, M. D., Mayor Tom Valente, Vice Mayor Gail Vastola, Councilman Charles O'Meilia, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk Absent: Larry Kelley, President Pro Tem ROLL CALL Mayor Marks called the meeting to order at 7:30 p.m. All members of Council were present except President Pro Tem Kelley, who was absent due to illness. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Vastola gave the invocation, and Mayor Marks 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 2/13/97 Minutes of Regular Session held 2/13/97 REPORT OF THE MAYOR Tim Murphy of the Army Corps of Engineers was present to give a status report on the project at Big Munyon Island. The Village Manager was directed to send a letter to Palm Beach County Commissioners and the legislators in Tallahassee regarding the increase in flood insurance for property east of I-95. Additionally, direction was given to include a request that the State Legislature implement the Committee Report that was made two years ago by the Governor's Commission as a result of Hurricane Andrew. Minutes of Regular Session held Thursday, February 27, 1997 PETITIONS AND COMMUNICATIONS The following Minutes were received fior file: Minutes of Code Enforcement Board Meeting held 2/3/97 Minutes of Recreation Advisory Board Meeting held 2/11/97 ., VILLAGE MANAGER'S REPORT Under the Village Manager's Report, staff was directed to keep abreast of whatever measures are becoming available for computer conversion to accommodate the year 2000. BILL 869 - ADOPTING A CABLE TELEVISION FRANCHISE AGREEMENT - PLAC_ ED ON SECOND READING AND ENACTED AS ORD. 10-97 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 CABLE TELEVISION FRANCHISE AGREEMENT ATTACH ED 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 second reading and read by title alone. Vice Mayor Valente seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 869 be enacted as Ordinance 10-97. Vice Mayor Valente seconded the motion, and all present voted aye. 2 Minutes of Regular Session held Thursday, February 27, 1997 BILL 871 -FIRE PREVENTION CODE -PLACED ON SECOND READING AND ENACTED AS ORD. 11-97 Vice Mayor Valente 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; AND THE LIFE SAFETY CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION 101, 1988 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 second reading and read by title alone. Councilman O'Meilia seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 871 be enacted as Ordinance 11-97. Vice Mayor Valente seconded the motion, and all present voted aye. BILL 872 -AMENDING ZONING CODE FOR TELECOMMUNICATIONS TOWERS - PLACED ON SECOND READING AND ENACTED AS ORD. 12-97 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 OF THE VILLAGE TO PROVIDE FOR TELECOMMUNICATION ANTENNA AND ANTENNA TOWERS WITHIN THE VILLAGE AND REGULATIONS 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 3 Minutes of Regular Session held Thursday, February 27, 1997 ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Vice Mayor Valente seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 872 be enacted as Ordinance 12-97. Councilman Vastola seconded the motion, and all present voted aye. BILL 873 -BUDGET AMENDMENT FOR LOCAL LAW ENFORCEMENT BLOCK GRANT - PLACED ON SECOND READING AND ENACTED AS ORD. 13-97 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 second reading and read by title alone. Councilman Vastola seconded the motion, and all present voted aye. Vice Mayor Valente moved that Bill 873 be enacted as Ordinance 13-97. Councilman Vastola seconded the motion, and all present voted aye. BILL 874 -CAPITAL PROJECT FUND -PLACED ON SECOND READING AND ENACTED AS ORD. 14-97 Vice Mayor Valente moved that Bill 874 entitled AN ORDINANCE OF THE VILLAGE OF NORTH 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; 4 Minutes of Regular Session held Thursday, February 27, 1997 ATTACHED AS EXHIBIT "A", 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. - Vice Mayor Valente moved that Bill 874 be enacted as Ordinance 14-97. Councilman Vastola seconded the motion, and all present voted aye. Direction was given to the Finance Director to list out all expenditures and expenses made during the past two years on these specific projects to show the total cost, which does not show up in the construction fund. BILL 875 -USE OF RIGHTS-OF-WAY FOR UTILITIES -PLACED ON SECOND READING AND ENACTED AS ORD. 15-97 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 second reading and read by title alone. Vice Mayor Valente seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 875 be enacted as Ordinance 15-97. Vice Mayor Valente seconded the motion, and all present voted aye. BILL 876 -INCREASE IN VILLAGE COUNCIL SALARY -PLACED ON FIRST READING Vice Mayor Valente moved that Bill 876 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-16 OF 5 Minutes ofi Regular Session held Thursday, February 27, 1997 ARTICLE II., COUNCIL, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE BY INCREASING THE COUNCIL COMPENSATION; 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 12-97 ADOPTED -AWARDING BID FOR COMMUNITY CE_NTE_R CAPITAL PROJECT Vice Mayor Valente moved that Resolution 12-97 entitled: A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING BID "A" AND ADDITIVE ALTERNATE BID "CC" OF BRANG COMPANY, INC. OF BOCA RATON, FLORIDA, FOR THE • CONSTRUCTION OF THE NORTH PALM BEACH COMMUNITY CENTER BALL FIELDS AND ACCESSORY STRUCTURES IN THE AMOUNT OF $1,223,200.00 TO BE EXPENDED FROM ACCOUNT NO. K8033-66200 (COMMUNITY CENTER RECREATION AREA -BUILDINGS) be adopted. Councilman Vastola seconded the motion. By consensus, during discussion, Section 1. of the Resolution was amended by adding $1, 223,200.00 after the words Alternate Bid "CC". Thereafter, the motion passed 4-0. RESOLUTION 13-97 ADOPTED -APPROVING SALARY ADJUSTMENT FOR NAGE EMPLOYEES EXCEEDING MAXIMUM RANGE __ Vice Mayor Valente moved that Resolution 13-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, OVERRIDING THE MAXIMUM PAY RANGE SET FORTH IN CODY AND ASSOCIATES PLAN ADOPTED BY THE VILLAGE BY AUTHORIZING PAYMENT OF THE COST OF LIVING • ALLOWANCE AND MERIT INCREASE SET FORTH IN RESOLUTION NO. 6 Minutes ofi Regular Session held Thursday, February 27, 1997 6-97 TO THOSE EMPLOYEES SET FORTH IN EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Vastola seconded the motion. During discussion, Councilman O'Meilia moved to amend Resolution 13-97 by rewording Section 1. to read as follows: The Village Council of the Village of North Palm Beach, Florida, does hereby override the maximum pay range set forth in the salary schedule adopted by the Village by authorizing payment of the 1996-97 salary schedule increase set forth in Resolution No. 6-97 to those employees set forth in Exhibit "A" attached. Vice Mayor Valente seconded the motion to amend, and all present voted aye. Thereafiter, the motion to adopt, as amended, passed 40. Councilman O'Meilia moved that Resolution 14-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUPPORTING THE POSITION OF THE FLORIDA LEAGUE OF CITIES THAT CALLS FOR LEGISLATION AS TO THE FOLLOWING MATTERS: LEGISLATION THAT AUTHORIZES THE SMALL COUNTY SURTAX TO BE IMPLEMENTED BY ALL COUNTIES REGARDLESS OF POPULATION; LEGISLATION THAT INSURES LOCAL GOVERNMENT AUTHORITY TO MANAGE AND DETERMINE COMPENSATION FOR USE OF PUBLIC RIGHTS-OF-WAY AND PROVIDES FOR AND PROTECTS FEES, TAXES AND OTHER REVENUE STREAMS TO LOCAL GOVERNMENTS FROM CURRENT AND EMERGING TELECOMMUNICATIONS SERVICE PROVIDERS; LEGISLATION THAT PRESERVES LOCAL CONTROL OF MUNICIPAL AND SPECIAL DISTRICT POLICE AND FIRE PENSION PLANS, UNDER CHAPTERS 175 AND 185, FLORIDA STATUTES; LEGISLATION IMPLEMENTING DISASTER LEGISLATION STR4EAMLINING UPDATES FOR LOCAL COMPREHENSIVE PLANS; LEGISLATION CONCERNING WATER MANAGEMENT; LEGISLATION AS TO ETHICS COMMISSION 7 Minutes of Regular Session . held Thursday, February 27, 1997 REFORM; AND LEGISLATION ESTABLISHING COMMUNITY LAW ENFORCEMENT FLEXIBILITY; AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO FURNISH A CERTIFIED COPY OF THIS RESOLUTION TO MEMBERS OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, PALM BEACH COUNTY MUNICIPAL LEAGUE, AND THE FLORIDA LEAGUE OF CITIES; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Valente seconded the motion, and all present voted aye. Vice Mayor Valente moved that Resolution 15-97 entitled: A RESOLUTION BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, URGING THE 1997 FLORIDA LEGISLATURE TO CREATE A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT AND SUPPORTING HOUSE BILL 103 be adopted. Councilman Vastola seconded the motion, and all present voted aye. Further direction was given to staff to include the Palm Beach County Commission, Palm Beach County Municipal League, and Florida League of Cities to the distribution list. COMPREHENSIVE ANNUAL FINANCIAL REPORT - FY 1995-96 -ADOPTED Councilman Vastola moved to adopt the Comprehensive Annual Financial Report, Year Ended September 30, 1996, for the Village of North Palm Beach, as prepared by Haas, Diaz & Co. Vice Mayor Valente seconded the motion, and all present voted aye. ANNUAL GIRLS' SOFTBALL TOURNAMENT APPROVED Vice Mayor Valente moved to approve the hosting of the 2nd Annual North Palm Beach Girls' Softball Tournament, scheduled fior June 19, 1997 through June 22, 1997. Councilman Vastola seconded the motion, and all present voted aye. • 8 Minutes of Regular Session . held Thursday, February 27, 1997 HIRING FREEZE LIFTED ON PARKSKEEPER POSITION Councilman Vastola moved to lift the hiring freeze on a Parkskeeper-Park Maintenance position (job code #8023-0104) in the Public Services Department; reference position audit and needs assessment submitted in accordance with the hiring freeze policy. Vice Mayor Valente 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. • K thleen F. Kelly, CMC, Village erk /~/~ r 1 ~J 9