01-09-1997 VC REG-MMINUTES OF REGULAR SESSION
• OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, JANUARY 9, 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
Councilman Vastola gave the invocation, and President Pro Tem Kelley led the public in
the Pledge of Allegiance to the Flag.
RECESS
The Regular Session recessed at 7:31 p.m. for the purpose of continuing the previously
scheduled Public Hearing on Bill 841. Regular Session reconvened at 7:37 p.m.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Public Hearing on Res. 69-96 held 12/12/96
Minutes of Public Hearing on Bill 856 held 12/12/96
Minutes of Public Hearing on Bill 857 held 12/12/96
Minutes of Public Hearing on Bill 858 held 12/12/96
Minutes of Regular Session held 12/12/96
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REPORT OF THE MAYOR
Mayor Marks acknowledged PSO Danny Wille, Public Safety Department, for his 20 years
of service to the Village.
Minutes of Regular Session
• held Thursday, January 9, 1997
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Code Enforcement Board Meeting held 12/2/96
Minutes of Country Club Administrative Board Meeting held 12/2/96
Minutes of Recreation Advisory Board Meeting held 12/10/96
Minutes of Country Club Administrative Board Meeting held 12/16/96
BILL 841 -AMENDING C-3 ZONING DISTRICT FOR ADDITIONAL LAND USE -
PLACED ON SECOND READING AND ENACTED AS ORD. 1-97
Councilman O'Meilia moved that Bill 841 be removed from the table. President Pro Tem
Kelley seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 841 entitled:
AN ORDINANCE OF THE -VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (10) OF
SECTION 45-34.1, C-3 REGIONAL BUSINESS DISTRICT, OF ARTICLE
III OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE
VILLAGE FOR THE PURPOSE OF ADDING THE ADDITIONAL LAND USE
OF AUTOMOBILE SERVICE STATIONS WHEN APPROVED IN
RESPONSE TO A SPECIFIC PUD APPLICATION; 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. The motion passed 4-1, with Councilman O'Meilia, President Pro
Tem Kelley, Councilman Vastola and Mayor Marks voting aye, and Vice Mayor Valente
voting nay.
Councilman O'Meilia moved that Bill 841 be enacted as Ordinance 1-97. President Pro
Tem Kelley seconded the motion. The motion passed 4-1, with Councilman O'Meilia,
President Pro Tem Kelley, Councilman Vastola and Mayor Marks voting aye, and Vice
Mayor Valente voting nay.
Councilman O'Meilia asked that the following statement be made part of the record:
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Minutes of Regular Session
. held Thursday, January 9, 1997
"In accordance with our C-3 zoning, I think what we're doing with the
service station is consistent with the spirit and intent of the C-3 zoning
district, and I think it's also consistent with the Comprehensive Plan. I've
examined it very deeply in my own head and listened to all the testimony
and everything else, and I fully believe what I just stated. I'd also like to
say that if you look at our zoning code, specifically Section 45-3, at the
head of that particular paragraph, the heading is Interpretation of
Provisions. This is in the zoning code, and says very simply: In interpreting
and applying the provisions of this ordinance they shall be held to the
minimum requirements for the promotion of the public health, safety,
morals, and general welfare of the community. And I think that everybody
concerned with this particular item, whether they're public or private or who
they are, should consider that paragraph when they think about the
requirements of that ordinance and the two ordinances that we're going to
address in a minute."
BILL 842 -AMENDING ORD. 33-95 (TWIN CITY MALL AGREEMENT) -PLACED ON
SECOND READING AND ENACTED AS ORD. 2-97
Councilman O'Meilia moved that Bill 842 be removed from the table. President Pro Tem
Kelley seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 842 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2 OF
ORDINANCE NO. 33-95 WHICH CREATED A PLANNED UNIT
DEVELOPMENT UPON LANDS WITHIN THE C-3 REGIONAL BUSINESS
DISTRICT LOCATED AT THE SOUTHWEST CORNER OF NORTHLAKE
BOULEVARD AND U. S. HIGHWAY 1 (FORMERLY KNOWN AS THE
TWIN CITY MALL) FOR THE PURPOSE _OF APPROVING AN
ADDITIONAL LAND USE OF AN AUTOMOBILE- SERVICE STATION;
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. The motion passed 4-1, with Councilman O'Meilia, President Pro
Tem Kelley, Councilman Vastola and Mayor Marks voting aye, and Vice Mayor Valente
voting nay.
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Minutes ofi Regular Session
held Thursday, January 9, 1997
Councilman O'Meilia moved that Bill 842 be enacted as Ordinance 2-97. President Pro
Tem Kelley seconded the motion. The motion passed 4-1, with Councilman O'Meilia,
President Pro Tem Kelley, Councilman Vastola and Mayor Marks voting aye, and Vice
Mayor Valente voting nay.
BILL 840 - DISTANCE REQUIREMENTS BETWEEN AUTOMOBILE SERVICE
STATIONS -PLACED ON SECOND READING AND ENACTED AS ORD. 3-97
Councilman O'Meilia moved that Bill 840 be removed from the table. President Pro Tem
Kelley seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 840 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION L (1) OF
SECTION 45-36, GENERAL PROVISIONS, OF ARTICLE III OF APPENDIX
C-ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE
• AMENDING THE REQUIRED DISTANCE BETWEEN GASOLINE, OIL
FILLING STATIONS AND SERVICE STATIONS WITHIN THE VILLAGE;
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.
During discussion, Councilman O'Meilia moved to amend Section 1(L) of Bill 840 by
deleting sentence in paragraph 2 which reads "Nothing in this section shall prohibit,
however...", and also deleting paragraphs a., b. and c. President Pro Tem Kelley
seconded the motion. The motion passed 4-1, with Councilman O'Meilia, President Pro
Tem Kelley, Councilman Vastola and Mayor Marks voting aye, and Vice Mayor Valente
voting nay.
Thereafter, the main motion passed 4-1, with Councilman O'Meilia, President Pro Tem
Kelley, Councilman Vastola and Mayor Marks voting aye, and Vice Mayor Valente voting
nay.
Councilman O'Meilia moved that Bill 840 be enacted as Ordinance 3-97. President Pro
Tem Kelley seconded the motion. The motion passed 4-1, with Councilman O'Meilia,
President Pro Tem Kelley, Councilman Vastola and Mayor Marks voting aye, and Vice
Mayor Valente voting nay.
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Minutes of Regular Session
held Thursday, January 9, 1997
BILL 861 -BUDGET AMENDMENT FOR PUBLIC SAFETY EQUIPMENT FROM EMS
GRANT -PLACED ON SECOND READING AND ENACTED AS ORD. 4-97
Councilman Vastola moved that Bill 861 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 $1,594 FOR VENTILATOR, ETC. TO BE FUNDED BY PALM
BEACH COUNTY EMS GRANT PROGRAM
be placed on second reading and read by title alone. Vice Mayor Valente seconded the
motion, and all present voted aye.
Councilman Vastola moved that Bill 841 be enacted as Ordinance 4-97. Vice Mayor
Valente seconded the motion, and all present voted aye.
•
Vice Mayor Valente moved that Bill 865 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 $15,000 FOR MISCELLANEOUS ENGINEERING FEES TO CLOSE
OUT THE REMAINING CERTIFICATION AND SURVEY OF 1995 STORM
DAMAGE, TO BE REIMBURSED BY FEMA
be placed on first reading and read by title alone. Councilman Vastola seconded the
motion, and all present voted aye.
BILL 866 -ESTABLISHING AMBULANCE SERVICE IN AND BY THE VILLAGE OF
NORTH PALM BEACH -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 866 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING AND ESTABLISHING
THE NORTH PALM BEACH DEPARTMENT OF PUBLIC SAFETY AS THE
PRIMARY PROVIDER OF EMERGENCY MEDICAL SERVICES (EMS)
AND EMERGENCY TRANSPORTATION SERVICES WITHIN THE
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Minutes of Regular Session
held Thursday, January 9, 1997
VILLAGE OF NORTH PALM BEACH, FLORIDA, AND ALL CONTRACTED
AREAS; ESTABLISHING PERIODIC REVIEW AND ADJUSTMENT OF
EMERGENCY MEDICAL SERVICE -FEES; 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 Vastola seconded the
motion, and all present voted aye.
BILL 867 -COMMERCIAL WASTE DISPOSAL FEES -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 867 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 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.
RESOLUTION 1-97 ADOPTED - APPOINTING MEMBERS TO THE LIBRARY
ADVISORY BOARD
By written ballot, copies of which are attached to the official Minutes of Record, the
Village Council appointed Thomas Farley as Regular member and Diana Christie as 2nd
Alternate on the Library Advisory Board. Thereafter, the names of the appointees were
entered into Resolution 1-97.
Councilman Vastola moved that Resolution 1-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING A REGULAR MEMBER AND AN ALTERNATE
MEMBER TO THE LIBRARY ADVISORY BOARD OF THE VILLAGE OF
NORTH PALM BEACH
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Minutes of Regular Session
held Thursday, January 9, 1997
be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Resolution 2-97 entitled:
A RESOLUTION EXPRESSING THE SUPPORT OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, FOR THE ADOPTION OF THE
STANDARD BUILDING CODE AS THE CONSENSUS MODEL BUILDING
CODE FOR THE STATE OF FLORIDA
be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye.
RESOLUTION 3-97 ADOPTED -FEE SCHEDULE FOR EMS TRANSPORT
Vice Mayor Valente moved that Resolution 3-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADOPTING A FEE SCHEDULE FOR
EMERGENCY MEDICAL SERVICE TRANSPORT; AND, PROVIDING FOR
AN EFFECTIVE DATE
be adopted. President Pro Tem Kelley seconded the motion.
During discussion, the base rate was changed to $310.00, and separate charges for
oxygen were deleted. Costs of oxygen will be included in the base rate. Mileage was
lowered to $6.00 per mile.
Thereafter, the motion passed 5-0.
RESOLUTION 4-97 ADOPTED -SUPPORTING CONSTRUCTION IMPACT FEES FO_ R
EDUCATION
Vice Mayor Valente moved that Resolution 4-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, SUPPORTING AN INCREASE IN
PRESENT IMPACT FEES BEING LEVIED ON NEW CONSTRUCTION
FOR USE IN SCHOOL CONSTRUCTION AND OPERATION; DIRECTING
THE VILLAGE CLERK TO FURNISH A CERTIFIED COPY OF THIS
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Minutes of Regular Session
held Thursday, January 9, 1997
RESOLUTION TO THE BOARD OF COMMISSIONERS OF PALM BEACH
COUNTY AND THE SCHOOL BOARD OF PALM BEACH COUNTY; AND,
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman O'Meilia seconded the motion, and all present voted aye.
APPLICATION APPROVED FOR PATROL BOAT REPLACEMENT -PUBLIC SAFETY
DEPT.
Councilman O'Meilia moved to approve application of Public Safety Department's patrol
boat and motor through the Federal Asset Sharing Program as budgeted. Councilman
Vastola seconded the motion, and all present voted aye.
HIRING FREEZE LIFTED FOR CUSTODIAN POSITION
Vice Mayor Valente moved to lift hiring freeze on Custodian position Qob code #5519-
0106) in the Department of Public Services; reference position audit and needs
assessment submitted in accordance with the hiring freeze policy. Councilman Vastola
seconded the motion, and all present voted aye.
AUTOMATIC EXTENSION OF THE NAGE CONTRACT
Brief discussion was held concerning the Article XXXVII of the National Association of
Government Employees (NAGE) contract, wherein provision is made for automatic
extension of the contract. No action was required at this time.
Vice Mayor Valente moved to approve a budget transfier in the amount of $63,675 from
A5540-49915 (General Fund Reserve-Raises & Benefits) to various payroll accounts to
fund salary increases for FY 1996-97 awarded in accordance with National Association
of Government Employees (NAGE) contract for 1995-96. Councilman Vastola seconded
the motion.
During discussion, the consensus of Council was that a resolution would be necessary
to specify the composition of the raise amount.
• Vice Mayor Valente moved to table the budget transfer until 1/23/97 so that a resolution
could be prepared. Councilman O'Meilia seconded the motion, and all present voted aye.
Minutes of Regular Session
held Thursday, January 9, 1997
BUDGET TRANSFER FOR NAGE RAISES FOR FY 1996-97 -COUNTRY CLUB FUND
Vice Mayor Valente moved that the budget transfer for NAGS raises for Country Club
employees for FY 1996-97 be tabled until 1/23/97 so that a resolution could be prepared.
Councilman O'Meilia 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.
a ~~
athleen F. Kelly, C, Village Jerk
•
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