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04-27-1995 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, APRIL 27, 1995 Present: Tom Valente, Mayor V. A.. Marks, M. D., 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 Valente called the meeting to order at 7:30 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman O'Meilia gave the invocation, and Mayor Valente led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as corrected: Minutes of Regular Session held 4/13/95 Corrected: Page 2, ¶2, March 27, 1995 changed to April 27, 1995 REPORT OF THE MAYOR Mayor Valente proclaimed May 7, 1995 to May 13, 1995 "Drinking Water Week" in the Village of North Palm Beach. Andrea Pauley, Customer Relations Representative from Seacoast Utility Authority, was present to accept the Proclamation. On behalf of the Village Council, Mayor Valente presented a plaque to Paul D. Moore, in appreciation of his service to the Village as Councilman from January 1995 to March 1995. Mayor Valente acknowledged Councilman O'Meilia as the recipient of the National Hurricane Conference Engineering Award for 1995, announced in Atlantic City, New Jersey. This award was presented to Councilman O'Meilia for his efforts in improving wind-resistant construction in the United States, particularly in hurricane-prone areas. Minutes of Regular Session Held Thursday, April 27, 1995 Councilman Valente announced that Councilman Vastola will participate in a panel discussion regarding "Planning and Zoning under Snyder" being held at Florida Atlantic University in May. VILLAGE MANAGER'S REPORT At this time, Mayor Valente requested that the Village Manager's Report be moved forward on the agenda. Vice Mayor Marks moved that the Manager's Report be brought forward for discussion. Councilman Vastola seconded the motion, and all present voted aye. Village Manager Dennis Kelly told the Council a lounge is now operating on North Lake Blvd. and an adult book/video store is preparing to open in the same vicinity. Although the Village has some regulatory powers in these matters, the Code is not as strong as it could be, and these businesses must be allowed to operate. Additionally, if the Village were to expand the Code, it would have to conform fo state law. After consultation with the Village Attorney, Mr. Kelly recommended to the Council that, although nothing can be done about the two businesses that are there now, they retain a professional land use consultant to draft an appropriate adult entertainment ordinance that can effectively regulate future adult entertainment businesses considering locating in North Palm Beach. Vice Mayor Marks moved to authorize the Village Manager to negotiate immediately with one of the two consultants already under contract by the Village to examine the Code and draft an amendment to the Code for all commercial zoning districts except C-3, to examine uses and regulation thereof including, but not limited to, adult entertainment, pawn shops, etc., to be brought back for the next meeting; with a closure date of nine months. Councilman Vastola seconded the motion. During discussion, the Village Manager clarified for the record that this motion, if passed, would initiate a "zoning in progress" procedure, with a closure of nine months. Thereafter, the motion passed 5-0. Additionally under the Manager's Report, Mr. Kelly told the Council that the County is on the verge of approving a rezoning application for property located at the corner of Prosperity Farms Road and Richard Road and immediately contiguous to the Village, but since the Village had not been notified of the proposed rezoning, staff had not had time 2 Minutes of Regular Session Held Thursday, April 27, 1995 to study the impact this will have on traffic and safety. The County Commission has delayed a decision on this matter for 30 days, at the request of the Village. Bob Bentz, Agent for the applicant, was present to address the Council. Mr. Bentz said that the single-family home will be utilized for a general day care center, limited to 40 children (Phase I), and that Phase II will include expansion to the home and add ten children. The existing guest cottage on site will house a Montessori learning center, limited to 24 students. The County has forwarded their staff reports on this application for the Council to review. It was noted for the record that the Village's request for an extension is not holding the project up, because both phases of that project can be culminated at the County's May meeting. Mr. Bentz suggested that the Village enter into an agreement with Palm Beach County, such as the one between the Town of Jupiter and the County, which would allow the Village to review any application that may be submitted in the future for the area of Prosperity Farms Road. PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of Country Club Administrative Meeting held 4/3/95 Minutes of Cade Enforcement Board Meeting held 4/3/95 Minutes of Country Club Administrative Board Meeting held 4/17/95 REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Councilman O'Meilia moved to receive for file a recommendation of the Country Club Administrative Board to transfer $2,070 from L8070-49910 (Country Club Contingency) to L8056-33210 (Accounting & Auditing) for the Haas & Diaz audit of the Food and Beverage operation. Vice Mayor Marks seconded the motion. The motion passed 4-1, with Councilman O'Meilia, Vice Mayor Marks, Councilman Vastola and Mayor Valente voting aye, and President Pro Tem Kelley voting nay. 3 ' Minutes of Regular Session Held Thursday, April 27, 1995 BILL 778 -AMENDING COUNTRY CLUB BUDGET FOR FY 1994-95 TO APPROPRIATE FUNDS FOR FOOD AND BEVERAGE DEPT. -PLACED ON SECOND READING AND ENACTED AS ORD. 14-95 Vice Mayor Marks moved that Bill 778 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR FISCAL YEAR 1994-95 TO APPROPRIATE FUNDS FOR VARIOUS LINE ITEMS IN THE FOOD AND BEVERAGE DEPARTMENT be adopted. Councilman O'Meilia seconded the motion. The motion passed 4-1, with Vice Mayor Marks, Councilman O'Meilia, President Pro Tem Kelley and Mayor Valente voting aye, and Councilman Vastola voting nay. Vice Mayor Marks moved that Bill 778 be enacted as Ordinance 1495. Councilman O'Meilia seconded the motion. The motion passed 4-1, with Vice Mayor Marks, ' Councilman O'Meilia, President Pro Tem Kelley and Mayor Valente voting aye, and Councilman Vastola voting nay. BILL 779 -AMENDING POLICE & FIRE PENSION BENEFITS -PLACED ON FIRST READING President Pro Tem Kelley moved that Bill 779 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING A SECTION 2-170 PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; AND, 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 O'Meilia seconded the motion, and all present voted aye. RESOLUTION 20-95 ADOPTED -APPOINTING MEMBERS TO VARIOUS VILLAGE BOARDS 4 t 1 Minutes of Regular Session Held Thursday, April 27, 1995 By written ballot, copies of which are attached to the official Minutes of Record, the Village Council appointed Harold Marting, Wally Schott, and Scott Williams to the Code Enforcement Board; Thomas Eissey, Frank Hollub, Armin Wessel, Anthony Agrusa and John Smarge to the Construction Board of Adjustment & Appeals; Thelma Obert and James Weis to the Library Advisory Board; Steve Cramer, George Gauthier, Orlando Puyol, Norman Thomas and Carol Kelley to the Planning Commission; Brian Mahoney and Martin Rogol to the Recreation Advisory Board; Norman Bott, Mark Anderson and Louis Daniello to the Zoning Board of Adjustment; and Norv Roggen as Village Historian. Thereafter, names of appointees were entered into Resolution 20-95. Vice Mayor Marks moved that Resolution 20-95 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD, CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS, LIBRARY ADVISORY BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD, AND ZONING BOARD OF ADJUSTMENT, AND APPOINTING A VILLAGE HISTORIAN be adopted. Councilman Vastola seconded the motion, and all present voted aye. RECESS The meeting recessed at 8:50 p.m. and reconvened at 9:00 p.m. Councilman O'Meilia moved that Resolution 21-95 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 AN INTERLOCAL AGREEMENT AND AMENDMENT THERETO WITH THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED HERETO AS EXHIBIT "A" AND EXHIBIT "B", RESPECTIVELY, WHICH AGREEMENT IS FOR THE PURPOSE OF ESTABLISHING A DISTRIBUTION FORMULA FOR THE PROCEEDS OF A LOCAL OPTION GAS TAX BETWEEN PALM BEACH COUNTY AND ELIGIBLE 5 Minutes of Regular Session Held Thursday, April 27, 1995 MUNICIPALITIES WITHIN THE COUNTIES; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. RESOLUTION 22-95 ADOPTED -ACCEPTING BID FOR DUMP TRUCK BODY Councilman O'Meilia moved that Resolution 22-95 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF RAYSIDE TRUCK AND TRAILER, OF WEST PALM BEACH, FLORIDA, FOR THE FABRICATION, MOUNTING AND DELIVERY OF ONE DUMP TRUCK BODY IN THE AMOUNT OF $8,210.00; FUNDS TO BE EXPENDED FROM A7020-66410 (SANITATION-AUTOMOTIVE) be adopted. Vice Mayor Marks seconded the motion, and all present voted aye. ' BUDGET TRANSFER FOR VARIOUS COUNTRY CLUB LINE ITEMS APPROVED Vice Mayor Marks moved that a budget transfer in the amount of $18,000 from various line items to various line items, as detailed in a memo from S. Khan to Village Council dated 3/29/95 for the purpose of offsetting various commitments be approved. President Pro Tem Kelley seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED FOR SPECIAL AUDIT OF RESTAURANT Councilman O'Meilia moved to approve a budget transfer in the amount of $2,070.00 for analysis of the food and beverage operation at the North Palm Beach Country Club from L8070-49910 (Country Club Contingency) to L8056-33210 (Accounting and Auditing). Vice Mayor Marks seconded the motion. The motion passed 3-2, with Councilman O'Meilia, Vice Mayor Marks and Mayor Valente voting aye, and President Pro Tem Kelley and Councilman Vastola voting nay. BUDGET REALLOCATION APPROVED FOR CAPITAL ITEMS FOR GOLF COURSE Vice Mayor Marks moved to approve a reallocation of budgeted funds in the amount of $12,500.00 for a triplex mower for the purchase of new fairway aerifier and new fertilizer spreader. President Pro Tem Kelley seconded the motion, and all present voted aye. 6 Minutes of Regular Session Held Thursday, April 27, 1995 SEACOAST PROPERTY -ANCHORAGE PARK Councilman Vastola moved to direct staff to begin preliminary discussion with Seacoast Utility Authority concerning purchase of the sewer plant property at Anchorage Park. President Pro Tem Kelley seconded the motion, and all present voted aye. HIRING FREEZE LIFTED FOR DISPATCHER POSITION Councilman Vastola moved to lift the hiring fireeze for a Dispatcher position Qob code #5711-0116) in the Public Safety Department, as referenced in the position audit and needs assessment submitted in accordance with hiring freeze policy. Vice Mayor Marks seconded the motion, and all present voted aye. HIRING FREEZE LIFTED FOR LABORER POSITION Councilman Vastola moved to lift the hiring freeze on aLaborer-Street Maintenance position Qob code #7321-0107) in the Public Services Department, as referenced in the position audit and needs assessment submitted in accordance with the hiring freeze policy. Councilman O'Meilia seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:22 p.m. O ~~T~ thleen F. Kelly, CMC, Villag Clerk 1 7