07-28-1994 VC REG-M1
1
MINUTSS OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, JULY 28, 1994
Present: Gail H. Vastola, Mayor
Jeffrey H. Atwater, Vice Mayor
Tom Valente., Councilman
Larry Kelley, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
Absent:
ROLL CALL
V. A. Marks, M. D. , President Pro Tem
Mayor Vastola called the meeting to order at 7:30 p.m. All members
of Council were present except President Pro Tem Marks, who was out
of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Kelley gave the invocation, and Vice Mayor Atwater led
the public in the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Regular Session held 7/14/94
REPORT OF THE MAYOR
The Village Council honored Charles R. O`Meilia upon his retirement
from the village as Director of Public Services. Councilman
Valente moved that Item ll.c, Resolution 29-94, be brought forward
on the agenda for action at this time. Vice Mayor Atwater seconded
the motion, and all present voted aye.
RI35OLU'P1VN Z`J -`J4 HllUY'1'~N'U - UP;UlC:H'1'1NCi _ YU15L11: .?I4f:V.1l:LiA J5U1LL 11Vb "1"V
CHARLES R. O'MEILIA --
Councilman Kelley moved that Resolution 29-94 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, DEDICATING THE PUBLIC SERVICES BUILDING
LOCATED AT 645 PROSPERITY FARMS ROAD, NORTH PALM BEACH,
FLORIDA, TO CHARLES R. O'MEILIA, WITH THE BUILDING HENCEFORTH
' TO BE KNOWN AS "THE CHARLES R. O`MEILIA BUILDING"; AND,
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Valente seconded the motion, and all
present voted aye.
' Minutes of Regular Session
Held Thursday, July 28, 1994
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Library Advisory Board Meeting held 6/28/94
Minutes of Country Club Administrative Board Meeting held
7/5/94
Minutes of Planning Commission Public Hearing held 7/5/94
Minutes of Planning Commission Regular Meeting held 7/5/94,
with typographical error corrected
Minutes of Code Enforcement Board Meeting held 7/11/94
VILLAGE MANAGER'S REPORT
Councilman Kelley moved to approve the dates and schedule of Acting
Village Managers for the period of August 8, 1994 through August
21, 1994, during Village Manager Dennis Kelly's absence. Vice
Mayor Atwater seconded the motion, and all present voted aye.
BILL 750 PLACED ON FIRST READING - AMENDING SIGN CODE
Councilman Valente moved that Bill 750 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE VILLAGE CODE, CHAPTER 6, ARTICLE V, SIGNS
AND OUTDOOR DISPLAYS, SECTION 6-111-G-2, MAINTENANCE,
SECTION 6-113-B-23, VEHICLE SIGNS, SECTION 6-115-C-2,
BUILDING WALL SIGNS; PROVIDING FOR CAPTIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE VILLAGE CODS; AND,
PROVIDING FOR AN EFFECTIVE DATE
be placed on first reading and read by title alone. Councilman
Kelley seconded the motion.
During discussion, with consensus of Council, Section 6-113-b-23
was further amended to add §c. to read "is parked on commercially
developed property".
t Thereafter, all present voted aye.
2
Minutes of Regular Session
Held Thursday, July 28, 1994
BILL 751 PLACED ON FIRST READING - ADOPTING NATIONAL ELECTRIC CODE
Vice Mayor Atwater moved that Bill 751 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ADOPTING THE NATIONAL ELECTRIC CODS, 1993 EDITION, AND
THE PALM BEACH COUNTYWIDE AMENDMENTS THERETO; PROVIDING
FOR REPEALS OF LAWS IN CONFLICT; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE
be placed on first reading and read by title alone. Councilman
Kelley seconded the motion, and all present voted aye.
BILL 752 PLACED ON FIRST READING - INCREASING OCCUPATIONAL LICENSE
FEES
Vice Mayor Atwater moved that Bill. 752 entitled:
' AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 17, ARTICLE II, OCCUPATIONAL
LICENSES; BY AMENDING SECTION 17-24, RELATING TO TRANSFER
OF LICENSE TO NEW OWNER; BY AMENDING CHAPTER 17-25,
RELATING TO TRANSFER OF LICENSE TO NEW LOCATION; BY
AMENDING SECTION 17-27, RELATING TO DUPLICATE LICENSE; BY
AMENDING SECTION 17-33, RELATING TO LICENSE TA% SCHEDULE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE
be placed on first reading and read by title alone. Councilman
Kelley seconded the motion, and all present voted aye.
RESOLUTION 30-94 ADOPTED - CONSENT ORDER AMENDMENT
Councilman Valente moved that Resolution 30-94 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 CONSENT ORDER
AMENDMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION ATTACHED AS S%HIBIT "A" FOR THE
PURPOSE OF ESTABLISHING AND SETTING FORTH THE REQUIRED
' ASSESSMENT AND REMEDIAL ACTIVITIES FOR DISCHARGE OF
LEADED GASOLINE DURING THE CALENDAR YEAR 1985 FROM THE
3
t Minutes of Regular Session
Held Thursday, July 28, 1994
STORAGE SYSTEM LOCATED AT THE NORTH PALM BEACH COUNTRY
CLUB; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Kelley seconded the motion, and all present
voted aye.
RES
FOR
- POTABLE WAT
PROJECT
Councilman Kelley moved that Resolution 31-94 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, DECLARING THE NECESSITY TO
MAKE PUBLIC IMPROVEMENT AUTHORIZED BY CHAPTER 170,
FLORIDA STATUTES, AND TO DEFRAY THE E%PENSE THEREOF BY
SPECIAL ASSESSMENTS, STATING THE NATURE AND LOCATION OF
THE WATER LINES TO BE CONSTRUCTED, THE ENTIRE E%PENSE
THEREOF TO BE PAID BY SPECIAL ASSESSMENTS, THE MANNER IN
WHICH ASSESSMENTS ARE TO BE MADE, AND WHEN THE
' ASSESSMENTS ARE TO BE PAID; DESIGNATING THE LANDS UPON
WHICH THE SPECIAL ASSESSMENTS ARE TO BE LEVIED; STATING
THE TOTAL ESTIMATED COST OF THE IMPROVEMENT; PROCLAIMING
THE COUNCIL'S DECLARATION AND FINDINGS; ADOPTING THS
PROVISIONS OF CHAPTER 170, FLORIDA STATUTES; ANNE%ING
APPENDI% A THERETO; DIRECTING THE VILLAGE CLERK TO CAUSE
THIS RESOLUTION TO BE PUBLISHED AS PROVIDED BY LAW;
DIRECTING AN ASSESSMENT ROLL TO BE MADE, COMPLETED AND
FILED WITH THE VILLAGE CLERK; PROVING AN EFFECTIVE DATE
AND FOR OTHER PURPOSES
be adopted. Vice Mayor Atwater seconded the motion.
During a lengthy discussion regarding the assessment and terms of
payment, the consensus of Council was to change Section 3. to read:
The special assessments shall be payable vrithin ten (10) years
as follows:
1. 1/10 of the total assessment within thirty (30) days
after completion of the improvement.
2. 1/10 thereof each and every year thereafter until the
full assessment plus interest have been paid.
' 3. All outstanding balances on such assessments shall bear
interest at the rate of six (6) per cent per annum.
4
Minutes of Regular Session
Held Thursday, July 28, 1994
' 4. If the full assessment is paid within the first thirty
(30) days after completion of the improvement, no
interest shall be charged thereon.
The Council indicated concern regarding setting a precedent for
future projects of similar nature, i. e. future annexation areas.
Vice Mayor Atwater stated for the record that the terms should not
be considered as "precedent", since he would vote for a ten-year
payment schedule only because the residents of Wabash Drive had
understood from their participation in earlier opinion polls that
the assessment could be made over a ten-year period. Vice Mayor
Atwater stated that he feels a five-year term would have been the
proper schedule.
After revision, Councilman Kelley rescinded his motion to adopt.
Councilman Valente moved to adopt Resolution 31-94, as amended, and
Vice Mayor Atwater seconded the motion. The motion passed 3-1,
with Councilman Valente, Vice Mayor Atwater and Mayor Vastola
voting aye, and Councilman Kelley voting nay.
PLANNING COMMISSION RECOMMENDATION FOR ANNEXATION OF SOUTHWEST
' NEIGHBORHOOD ACCEPTED
Councilman Valente moved to accept the Planning Commission's
recommendation to proceed with the annexation schedule for the
Southwest Neighborhood, and to direct staff to prepare an ordinance
redefining the boundaries of the Village to include said property
and calling for a referendum election within the Village and within
the area proposed to be annexed.
Vice Mayor Atwater seconded the motion, and all present voted aye.
HIRING FREEZE LIFTED FOR PUBLIC SAFETY DEPARTMENT DISPATCHER
POSITION
Councilman Valente moved to lift the hiring freeze on a Dispatcher
position (job code #5711-0139), per position audit and needs
assessment. Councilman Kelley seconded the motion, and all present
voted aye.
ADJOURNMENT
There being no further business to come before the Council, the
meeting adjourned at 8:25 p.m.
thleen F. Kelly, CMC, Viy, age Clerk