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11-10-1994 VC REG-M 1 MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, NOVEMBER 10, 1994 Present: Gail H. Vastola, Mayor V. A. Marks, M. D., President Pro Tem Tom Valente, Councilman Larry Kelley, 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 of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Vastola gave the invocation, and Councilman 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 10/27/94 (Bill 760) Minutes of Public Hearing held 10/27/94 (Bill 761) Minutes of Regular Session held 10/27/94 REPORT OF THE MAYOR Mayor Vastola presented a Certificate of Appreciation and a Gift Certificate to employee Will. Ashley, in recognition of his twenty years of service in the Department of Public Services. Mayor Vastola also presented a Certificate of Appreciation and Gift Certificate to employee Elvi Wright, in recognition of her, twenty years of service in the North Palm Beach Library. Mayor Vastola accepted Vice Mayor Jeff Atwater's resignation from the Village Council, effective November 7, 1994 at 5:00 p.m. As required by the Charter, the Council will appoint a person to fill out the remainder of Mr. Atwater's term. Council members will consider nominees for this appointment on December 8, 1994. At the request of the Country Club Administrative Board, Mayor ' Vastola removed Item 6.c_ (Club Manager Employment Agreement) from the Workshop Agenda. This will be brought back to the Council at its December meeting, after the performance appraisal is completed by the Country Club Administrative Board. Minutes of Regular Session ' held Thursday, November 10, 1994 President Pro Tem Marks announced that he plans to run for re- election in March. PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of Planning Commission Meeting held 10/4/94 Minutes of Construction Board of Adjustment held 10/11/94 Minutes of Country Club Administrative Board Meeting held 10/17/94 RSPORTS OF SPECIAL COMMITTEES AND RSCOMMENDATIONS President Pro Tem Marks moved to accept and proceed with the recommendation of the Country Club Administrative Board to "go forward with the F.I.N.D. Shoreline Project, Type B Rubble Design, as recommended by the Village Public Services staff, and to include ' letter to the U. S. Coast Guard to request a reduction in the speed limit for wakes in the Intracoastal waterway between the Parker Bridge and North Palm Beach Country Club". Councilman Kelley seconded the motion, and all present voted aye_ VILLAGE MANAGER'S REPORT As a matter of record, Village Manager Dennis Kelly reported that on Tuesday, November 8, 1994 at 2,00 p.m., he and Mayor Vastola attended a meeting called by County Commissioner Karen Marcus to discuss Ellison Wilson Road. Mr. Kelly stated that unbeknownst to him and Mayor Vastola, Attorneys Alan Ciklin, Randall DeHayes and Louis Timchak, and Ira Brichta and Mort Levin had also been invited. Upon seeing the other attendees, both Mr. Kelly and Mayor Vastola felt that it would be inappropriate for a member of the North Palm Beach Village Council to attend any meeting with the Target appellants and their attorneys. Therefore, Mayor Vastola left the meeting before it started and did not participate in any way. BILL 762 PLACED ON FIRST READING - CREATING WABASH DRIVE CONSTRUCTION ASSESSMENT FUND Councilman Valente moved that Bill 762 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING AN ASSESSMENT FUND TO 2 Minutes of Regular Session held Thursday, November 10, 1994 BE KNOWN AS THE WABASH ASSESSMENT FUND TO PAY FOR CONSTRUCTION OF PUBLIC POTABLE WATER LINES ALONG WABASH DRIVE, CIRCLE AIRE SUBDIVISION, UNRECORDED PLAT, WITHIN THS VILLAGE OF NORTH PALM BEACH AND AMENDING THS GENERAL FUND BUDGET FOR THE FISCAL YEAR 1994-9.5 PROVIDING FOR THE TRANSFER OF THE SUM OF $30,150.00 FROM THS GENERAL FUND BALANCE OF THE VILLAGE TO THE WABASH WATER LINE ASSESSMENT PROJECT; PROVIDING THAT ALL ASSESSMENTS PAID BY REAL PROPERTY OWNERS FOR PUBLIC POTABLE WATER LINES ALONG WABASH DRIVE SHALL BE PLACED IN THE WABASH ASSESSMENT FUND; 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 763 PLACED ON FIRST READING - AMENDING BUDGET FOR FISCAL YEAR 1994-95 FOR RAISES AND BENEFITS PAYMENTS FOR PBA-GENERAL AND PBA- Councilman Valente moved that Bill 763 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1994-95 TO APPROPRIATE FUNDS FOR RAISES AND BENEFITS PAYMENTS PER PBA, GENERAL AND LIEUTENANT CONTRACTS AGREED FOR 1993-94 AND FOR THE ADJUSTMENT OF 1994-95 BUDGET FOR THE SAME be placed on first reading and read by title alone. President Pro Tem Marks seconded the motion, and all present voted aye. BILL 764 PLACED ON FIRST READING - AMENDING CODS•TO ALLOW AWNING STRUCTURES AT CAR WASHES AND CAR WA%ING BUSINESSES President Pro Tem Marks moved that Bill 764 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THIS' VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION G OF SECTION 45-33 OR ARTICLE III, OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES TO ALLOW CAR WASH AND CAR WAXING BUSINESSES TO UTILIZE AWNING STRUCTURES; 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 Kelley seconded the motion. The motion passed 3-1, rrrith President 3 ' Minutes of Regular Session held Thursday, November 10, 1994 Pro Tem Marks, Councilman Kelley and Councilman Valente voting aye, and Mayor Vastola voting nay. RESOLUTION 49-94 ADOPTED - ADOPTING NEW OFFICIAL ZONING MAP Councilman Valente moved that Resolution 49-94 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ADOPTING A NEW OFFICIAL ZONING MAP WHICH SHALL SUPERSEDE THE PRIOR OFFICIAL ZONING MAP AND AUTHORIZING THE MAYOR AND THE VILLAGE CLERK TO SIGN AND SEAL THE NSW OFFICIAL ZONING MAP be adopted. President Pro Tem Marks seconded the motion, and all present voted aye. RESOLUTION 50- - FINAL F INA PARCEL POINT Councilman Valente moved that Resolution 50-94 entitled: ' A RESOLUTION OF TH8 VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND THE VILLAGE CLERK TO SIGN A CERTAIN PLAT AND SETTING FORTH RESTRICTIONS THEREON be adopted. President Pro Tem Marks seconded the motion, and all present voted aye. 51-94 ADOPTED - F OF MILLING'S Councilman Kelley moved that Resolution 51-94 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND THE VILLAGE CLERK TO SIGN A CERTAIN PLAT AND SETTING FORTH RESTRICTIONS THEREON be adopted. President Pro Tem Marks seconded the motion, and all present voted aye. ZE LIFTED FOR B' ' Councilman Valente moved to lift the hiring freeze on a Building Technician position (job code #6018-0107), per the position audit 4 ' Minutes of Regular Session held Thursday, November 10, 1994 and needs assessment submitted in accordance with the hiring freeze policy. Councilman Kelley seconded the motion, and all present voted aye. HIRING FREEZE LIFTED FOR STREET MAINTENANCE LABORER AND VSHICLS President Pro Tem Marks moved to lift the hiring freeze on Laborer- Street Maintenance position and Laborer-Vehicle Maintenance position (job codes #7321-0110 and #5522-0104, respectively), per the position audits and needs assessments submitted in accordance with the hiring freeze policy. Councilman Kelley seconded the motion, and all present voted aye. BUDGET TRANSFSR APPROVED. FOR CLERK'S COMPUTER President Pro Tem Marks moved to approve a budget transfer in the amount of $1,900.00 from A5540-49911 (Council Contingency) to A4801-34630 (R&M-Office Equipment) for emergency repairs and ' upgrade for two computers in the Village Clerk's Department. Councilman Valente seconded the motion, and all present voted aye. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 5:15 p.m. ~J