02-22-1996 VC REG-MMINUTES OF REGULAR SESSION
• OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, FEBRUARY 22, 1996
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. All members of Council were
present. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Valente gave the invocation, and President Pro Tem Kelley 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 2/8/96
REPORT OF THE MAYOR
Mayor Valente proclaimed the month of March, 1996 as Red Cross Month in the Village
of North Palm Beach. Betty and Bob Allen were present on behalf of the Red Cross to
accept the proclamation.
On behalf of the Village Council, Mayor Valente presented a plaque to Paul Moore in
appreciation of his years of service to the Village as Chairman of the Police and Fire
Pension Board.
Mayor Valente requested that an emergency ordinance be added to the agenda for the
purpose of rescinding and repealing Ordinance 35-95 enacted on December 14, 1995
• which provided for annexation of the S. W. Neighborhood II and established a referendum
election on the proposed annexation to be held March 12, 1996.
Vice Mayor Marks moved that the emergency ordinance be added to the agenda as Item
• 10.c. President Pro Tem Kelley seconded the motion, and all present voted aye.
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Code Enforcement Board Meeting held 2/5/96
Minutes of Country Club Administrative Board Meeting held 2/5/96
Minutes of Recreation Advisory Board Meeting held 2/13/96
Minutes of General Employees Pension Board Meeting held 2/12/96
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
Councilman O'Meilia moved to accept for file the recommendation of the General
Employees Pension Board that Council "change the General Employees Pension Plan
to reflect the following: Raise the assumption rate of return from 7% to 8%; lower the
retirement age from 65 years of age to 60 years of age; increase the accrual rate from
2% per year of service to 2 1/4% per year of service; employees to contribute 2% of their
• salaries to offset a portion of the cost; allow existing employees to sign up for the revised
plan within 30 days, otherwise they will be covered under the existing plan". Councilman
Vastola seconded the motion, and all present voted aye.
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly gave a brief report concerning Crystal's court case, which
had been heard at 1:30 p.m. Mr. Kelly reported that Mr. Colarusso entered a plea of
guilty of operating an adult entertainment establishment without a license. Consequently,
Mr. Colarusso was placed on six months probation and is required to apply for an adult
entertainment through Palm Beach County and go through the inspection process of the
County as well as the Village. If Mr. Colarusso is to qualify for a county license, he must
comply with all Village ordinances.
BILL 813 -APPROPRIATION FOR CELLULAR TELEPHONE -PLACED ON SECOND
READING AND ENACTED AS ORD. 9-96
Councilman Vastola moved that Bill 813 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
FISCAL YEAR 1995-96 TO APPROPRIATE FUNDS IN THE AMOUNT OF
$640.00 FOR VILLAGE MANAGER'S CELLULAR TELEPHONE
Minutes of Regular Session
Held Thursday, February 22, 1996
be placed on second reading and read by title alone. President Pro Tem Kelley
seconded the motion, and all present voted aye.
President Pro Tem Kelley moved that Bill 813 be enacted as Ordinance 9-96. Vice Mayor
Marks seconded the motion, and all present voted aye.
BILL 814 -BUDGET APPROPRIATION FOR FLOOD DAMAGE REPAIRS -PLACED ON
FIRST READING
Councilman Vastola moved that Bill 814 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
FISCAL YEAR 1995-96 TO APPROPRIATE FUNDS TO REPAIR SEVERAL
INCIDENCES OF FLOOD DAMAGE TO THE VILLAGE'S PROPERTY AND
INFRASTRUCTURE TO BE REIMBURSED BY FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA)
be placed on first reading and read by title alone. Councilman O'Meilia seconded the
AN EMERGENCY ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, RESCINDING AND
REPEALING ORDINANCE NO. 35-95 ENACTED BY THE VILLAGE
COUNCIL ON DECEMBER 14, 1995, WHICH ORDINANCE PROVIDED
FOR ANNEXATION OF CERTAIN REAL PROPERTY MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND
ESTABLISHED A REFERENDUM ELECTION AS TO THE PROPOSED
motion.
During discussion, consensus of Council was to raise the appropriation firom $250,000 to
$275,000, since the original estimate of $250,000 has already been raised to $261,000,
and might go higher. Both the motion-maker and the seconder agreed to this change.
Thereafter, the motion passed 5-0.
ORDINANCE 10-96 - REPEALING ORD. 35-95 CALLING FOR ANNEXATION
REFERENDUM (S. W. NEIGHBORHOOD II)- PLACED ON FIRST AND FINAL READING
Vice Mayor Marks moved that an emergency ordinance entitled:
Minutes of Regular Session
. Held Thursday, February 22, 1996
ANNEXATION TO BE HELD MARCH 12, 1996; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE
be placed on first and final reading and read by title alone. Councilman Vastola
seconded the motion, and all present voted aye.
During discussion, Village Attorney George Baldwin told the Council that if more than 70%
of the land area in the proposed annexation area is owned by someone other than
electors, approval must be obtained by them prior to a referendum. The most recent
voter registration roll did not contain enough landowner voters to qualify a referendum.
The Village Council will pursue this annexation at a later election, perhaps the upcoming
Fall election, if the residents still approve and all criteria for annexation can be met.
Discussion also included direction to staff members to prepare ordinances changing the
occupational licensing, setting up a committee to do so, if necessary, and to look at the
zoning ordinances on commercial property so that non-conformance isn't created by the
annexation process.
• Vice Mayor Marks moved that the emergency ordinance be enacted as Ordinance 10-96.
President Pro Tem Kelley seconded the motion, and all present voted aye.
RESOLUTION 13-96 ADOPTED -ASKING FLORIDA LEGISLATURE TO PROVIDE
FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES
Vice Mayor Marks moved that Resolution 13-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REQUESTING THE 1996 FLORIDA
LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE
PRESERVATION AND REPAIR OF THE STATE'S BEACHES, TO
RECOGNIZE THE NEED FOR FUNDING NON-FEDERAL PROJECTS,
AND TO IDENTIFY ALONG-TERM DEDICATED FUNDING SOURCE
be adopted. Councilman Vastola seconded the motion, and all present voted aye. The
Village Clerk was directed to send a copy of the resolution to each member of the Palm
Beach County Legislative Delegation.
•
4
Minutes of Regular Session
• Held Thursday, February 22, 1996
DECLARATION OF SURPLUS EQUIPMENT
Councilman Vastola moved that four vehicles transferred from Public Safety to Public
Services, as detailed in RCA dated 2/8/96, be declared surplus equipment. Councilman
O'Meilia seconded the motion, and all present voted aye.
FEMA FLOOD REPAIRS AUTHORIZED
Councilman O'Meilia moved to authorize staff to begin repairs to Village property and
infrastructure damaged by flooding, in accordance with the "Damage Survey Repairs"
(DSR'S). President Pro Tem Kelley seconded the motion, and all present voted aye.
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FY 1994-95 ADOPTED
Councilman Vastola moved to adopt the Comprehensive Annual Financial Report, Year
Ended September 30, 1995, for the Village of North Palm Beach, as prepared by Haas,
Diaz & Company. President Pro Tem Kelley seconded the motion, and all present voted
aye.
• NORTH COUNTY PLANNING FORUM -RECOMMENDATIONS
Councilman O'Meilia moved to accept the recommendations of the Planning Commission
regarding the Northern Palm Beach County/Southern Martin County Planning Forum
findings, and to forward those recommendations in the name of the Village Council,
rewritten as detailed in his memo to the Village Council dated 2/22/96. Vice Mayor Marks
seconded the motion.
The Council discussed each recommendation made by the Planning Commission and the
suggested changes in Councilman O'Meilia's memo.
Thereafter, the motion carried 5-0.
HIRING FREEZE LIFTED ON PUBLIC SAFETY DISPATCHER POSITION
Councilman Vastola moved to lift the hiring freeze on a Dispatcher position Qob code
#2711-0118) in the Public Safety Department; reference position audit and needs
assessment submitted in accordance with the hiring freeze policy. President Pro Tem
Kelley seconded the motion, and all present voted aye.
• 5
Minutes of Regular Session
Held Thursday, February 22, 1996
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
8:30 p.m.
athleen F. Kelly, CMC, Villa lerk
•
• 6