11-14-1996 VC REG-M-~ G~.v ~~
MINUTES OF REGULAR SESSION >~ O
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, NOVEMBER 14, 1996
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 Mayor Marks 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 on Bill 841 held 10/24/96
Minutes of Public Hearing on Bill 842 held 10/24/96
Minutes of Public Hearing on Bill 840 held 10/24/96
Minutes of Regular Session held 10/24/96
REPORT OF THE MAYOR _ _ _ _ _
Mayor Marks presented a Proclamation to United Way on behalf of all volunteers and
employee contributors in the Village of North Palm Beach. Linda Traficano was present
to accept the Proclamation on behalf of United Way.
Mayor Marks announced that the annual Christmas Tree Lighting would be held on
Wednesday, December 11, 1996 at the Village Hall.
Minutes of Regular Session~,~
Held Thursday, November,4, 1996
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Code Enforcement Board Meeting held 10/7/96
Minutes of Special Country Club Administrative Board Meeting held 10/17/96
Minutes of the Country Club Administrative Board Meeting held 10/21/96
Minutes of the Library Advisory Board Meeting held 10/22/96
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly announced that the Joint Meeting of the North Palm Beach
Council and Lake Park Commission has been confirmed for Monday, December 9, 1996
at 7:30 p.m. in North Palm Beach.
. Tim Hullihan of Gee & Jenson Architectural firm gave a status report to the Council
regarding design of the new Public Safety facility. Mr. Hullihan told the Council that pre-
design documents (needs assessment) would be submitted to the Council by the end of
November.
DECLARATION OF EX PARTE COMMUNICATIONS
Mayor Marks reported a telephone call from Alice Johns on 11/14/96 regarding the
proposed gas station application at Twin City Mall P.U.D.
BILL 846 -AMENDING BUDGET FOR "COPS_MORE" GRANT -ENACTED AS ORD.
39-96
Vice Mayor Valente moved that Bill 846 entitled
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS FOR THE PURCHASE
OF 5 (FIVE) LAP-TOP COMPUTERS AND ASSOCIATED SOFTWARE
WHICH IS ALSO FUNDED BY THE FCM (FEDERAL COPS MORE)
GRANT
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Minutes of Regular Session
Held Thursday, Novembe 996
be placed on second reading and read by title alone. Councilman Vastola seconded the
motion, and all present voted aye.
Vice Mayor Valente moved that Bill 846 be enacted as Ordinance 39-96. Councilman
Vastola seconded the motion, and all present voted aye.
BILL 847 -AMENDING BUDGET FOR FUNDING OF NEW PUBLIC SAFETY BUILDING
ENGINEERING AND PLANNING -ENACTED AS ORD. 40-96
Councilman Vastola moved that Bill 847 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 $43,350 FOR THE NEW PUBLIC SAFETY FACILITY ENGINEERING
AND PLANNING
be placed on second reading and read by title alone. Councilman O'Meilia seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 847 be enacted as Ordinance 40-96. President Pro
Tem Kelley seconded the motion, and all present voted aye.
BILL 848 -ZONING-IN-PROGRESS MORATORIUM -ENACTED AS ORD. 41-96
Councilman O'Meilia moved that Bill 848 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, PROVIDING FOR AND IMPOSING A
THREE (3) MONTH MORATORIUM EXTENSION ON THE ISSUANCE OF
PERMITS FOR ADDITIONAL WIRELESS COMMUNICATIONS FACILITIES
INCLUDING ANTENNA TOWERS WITHIN THE MUNICIPAL LIMITS OF
THE VILLAGE; PROVIDING FINDINGS OF FACT; 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, and all present voted aye.
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Minutes of Regular Session~,~
Held Thursday, Novembersl!1996
Councilman O'Meilia moved that Bill 848 be enacted as Ordinance 41-96. President Pro
Tem Kelley seconded the motion, and all present voted aye.
BILL 849 -TELECOMMUNICATIONS TAX -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 849 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, LEVYING A FIVE {5) PERCENT
PUBLIC SERVICE TAX ON PURCHASES OF TELECOMMUNICATIONS
SERVICE WITHIN THE VILLAGE WHICH ORIGINATE AND TERMINATE
IN THE STATE OF FLORIDA; PROVIDING FOR THE PROCEDURE FOR
COLLECTION AND REMITTANCE OF THE TAX TO THE VILLAGE OF
NORTH PALM BEACH; PROVIDING EXEMPTIONS FROM SAID TAX;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE
• be placed on first reading and read by title alone. President Pro Tem Kelley seconded
the motion, and all present voted aye.
Vice Mayor Valente moved that Bill 850 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR
THE FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS IN THE AMOUNT
OF $110,000 FOR THE POOL FILTRATION SYSTEM
be placed on first reading and read by title alone. Councilman O'Meilia seconded the
motion.
During discussion, it was agreed by consensus to amend the motion by changing the
appropriation from $110,000 to $120,000.
Thereafter, the motion passed 5-0.
•
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Minutes of Regular Session,,,,,,yy
Held Thursday, November,~1996
BILL 851 -PUBLIC SAFETY "CAT" PROGRAM -PLACED ON FIRST READING
Vice Mayor Valente moved that Bill 851 entitled:
AN ORDINANCE OF-THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ESTABLISHING A PROGRAM
ENTITLED "COMBAT AUTO THEFT" PURSUANT TO SECTION 316.008
(6) OF THE FLORIDA STATUTES; PROVIDING FOR ADMINISTRATION
OFTHE PROGRAM; 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. President Pro Tem Kelley seconded
the motion, and all present voted aye.
• Councilman O'Meilia moved that Bill 854 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE
AMENDMENT DESIGNATED AS 96-2 TO THE COMPREHENSIVE PLAN
FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN
ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATION ACT, AS
AMENDED, BEING SECTIONS 163.3161 ET. SEQ., FLORIDA STATUTES,
WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A"; 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 855 -ADOPTING AMENDMENT 96-3 TO THE COMP PLAN -PLACED ON FIRST
READING
Councilman Vastola moved that Bill 855 entitled:
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Minutes of Regular Session
Held Thursday, November , 1996
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADOPTING AMENDMENT 96-3 TO
THE COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, IN ACCORDANCE WITH THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT, AS AMENDED, BEING SECTIONS 163.3161 ET.
SEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS
EXHIBIT "A"; 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 O'Meilia seconded the
motion, and all present voted aye.
BILL 856 -PARKING IN C-A COMMERCIAL DISTRICT -PLACED ON FIRST READING
Vice Mayor Valente moved that Bill 856 entitled:
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THAT PORTION OF
SUBSECTION G (5) OF SECTION 45-31, C-A COMMERCIAL DISTRICT,
OF ARTICLE III OF APPENDIX C-ZONING, OF THE CODE OF
ORDINANCES OF THE VILLAGE RELATING TO PARKING SPACES
REQUIRED FOR RETAIL STORES AND PERSONAL SERVICE
ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCE 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.
BILL 857 -PARKING IN CB COMMERCIAL DISTRICT -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 857 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THAT PORTION OF
SUBSECTION G (4) OF SECTION 45-31.1, CB COMMERCIAL DISTRICT,
• OF ARTICLE III OF APPENDIX C-ZONING, OF THE CODE OF
Minutes of Regular Session
Held Thursday, November , 1996
ORDINANCES OF THE VILLAGE RELATING TO PARKING SPACES
REQUIRED FOR RETAIL STORES AND PERSONAL SERVICE
ESTABLISHMENTS; 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. President Pro Tem Kelley seconded
the motion, and all present voted aye.
Vice Mayor Valente moved that Bill 858 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THAT PORTION OF
SUBSECTION E(2) OF SECTION 45-33, C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT, OF ARTICLE III OF APPENDIX C-ZONING, OF
THE CODE OF ORDINANCES OF THE VILLAGE RELATING TO
PARKING SPACES REQUIRED FOR GENERAL BUSINESS,
COMMERCIAL OR PERSONAL SERVICE. ESTABLISHMENTS;
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. President Pro Tem Kelley seconded
the motion, and all present voted aye.
BILL 859 -BUDGET AMENDMENT -CAPITAL PROJECTS AT ANCHORAGE PARK
AND OSBORNE PARK -PLACED ON FIRST READING
Vice Mayor Valente moved that Bill 859 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 $22,700 FOR ADDITIONAL WORK REQUIRED TO DESIGN
COMMUNITY ACTIVITIES BUILDING AT ANCHORAGE PARK AND
•
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Minutes of Regular Session//,,~~
. Held Thursday, November/#~'1996
OSBORNE PARK CONCESSION STAND, USING FUNDS RESTRICTED
FOR RECREATION FACILITY
be placed on first reading and read by title alone. Councilman Vastola seconded the
motion.
During discussion, it was the consensus of Council to add language indicating the
account from which funding will be taken.
Thereafter, all present voted aye.
Councilman O'Meilia moved that Bill 860 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 $3,000.00 FOR COMP PLAN AMENDMENT TO BE REIMBURSED BY
WCI PROPERTIES
be placed on first reading and read by title alone. President Pro Tem Kelley seconded
the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 863 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 $140,000 FOR THE CONSTRUCTION OF THE OSBORNE PARK
CONCESSION STAND
be placed on first reading and read by title alone. Vice Mayor Valente seconded the
motion.
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Minutes of Regular Session ~
• Held Thursday, November~996
During discussion, it was agreed to include language indicating the account from which
the funding will be taken, and to place this expense item in the Recreation budget for
construction, using A8028-66210.
Thereafter, all present voted aye.
Vice Mayor Valente moved that Bill 864 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 $1,450,000 FOR THE LAND PURCHASE AND BUILDING DESIGN
FOR PUBLIC SAFETY
be placed on first reading and read by title alone. Councilman Vastola seconded the
motion.
During discussion, the amount of appropriation was reduced to $1,400,000.
Thereafter, all present voted aye.
BILL 865 - EMERGENCY ORDINANCE FOR PURCHASE OF RESTAURANT
EQUIPMENT -PLACED ON FIRST AND FINAL READING -ENACTED AS ORD. 42-96
Vice Mayor Valente moved that Bill 865 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH COUNTRY CLUB FUND
BUDGET FOR THE FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS
IN THE AMOUNT OF $5,000 FOR THE EMERGENCY PURCHASE OF
FREEZER AND SANDWICH UNIT FOR COUNTRY CLUB RESTAURANT
be placed on first and final reading and read by title alone. Councilman Vastola
seconded the motion.
•
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Minutes of Regular Session
• Held Thursday, November , 1996
During discussion, Village Attorney George Baldwin told the Council that the loss of
refrigeration for food would in fact constitute an emergency.
Thereafter, Vice Mayor Valente, Councilman Vastola and President Pro Tem Kelley voted
aye, and Councilman O'Meilia and Mayor Marks voted nay.
Mr. Baldwin informed the Council that passage of an emergency ordinance required that
2/3 of the council members vote in the affirmative, and therefore the motion had failed.
Councilman Vastola moved that the motion be reconsidered. Vice Mayor Valente
seconded the motion.
During continued discussion, Councilman O'Meilia read into the record the following
excerpt from page 8, paragraph 13 of the restaurant lessee's agreement: "All state and
local fire, health and safety regulations shall be strictly complied with at the sole cost of
the Lessee."
The motion carried for 4-1, with Councilman Vastola, Vice Mayor Valente, President Pro
Tem Kelley and Mayor Marks voting aye, and Councilman O'Meilia voting nay.
Vice Mayor Valente moved to adopt Sill 865 as Ordinance 42-96. President Pro Tem
Kelley seconded the motion. The motion carried 4-1, with Vice Mayor Valente,
Councilman Vastola, President Pro Tem, ~elley and Mayor Marks voting aye, and
Councilman O'Meilia voting~y~
RESOLUTION 66-96 ADOPTED -CONTRACT FOR COMP PLAN AMENDMENTS
Resolution 66-96 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 AGREEMENT WITH
LAND RESEARCH MANAGEMENT, INC. ATTACHED AS EXHIBIT "A"
FOR THE PURPOSE OF SECURING CONSULTANT SERVICES FOR THE
PREPARATION AND PROCESSING OF AMENDMENTS 96-2 AND 96-3
TO THE VILLAGE'S COMPREHENSIVE LAND USE PLAN; AND,
PROVIDING FOR AN EFFECTIVE DATE
• was adopted by a 5-0 vote.
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Minutes of Regular Session
• Held Thursday, November 4, 1996
RESOLUTION 67-96 ADOPTED - CO_ NTRACT FOR LAND PURCHASE FOR PUBLIC
SAFETY FACILITY
Vice Mayor Valente moved that Resolution 67-96 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 CONTRACT FOR
SALE AND PURCHASE WITH THE JOHN D. AND CATHERINE T.
MACARTHUR FOUNDATION, AN ILLINOIS CORPORATION NOT FOR
PROFIT, FOR THE PURPOSE OF PURCHASING TWO (2) LOTS ON U.S.
HIGHWAY 1 AND ANCHORAGE PARK FOR THE LAND USE PLAN; AND,
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
RESOLUTION 68-96 ADOPTED -AMENDING RESTAURANT LEASE AGREEMENT
President Pro Tem Kelley moved that Resolution 68-96 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 THIRD AMENDMENT
TO THE LEASE AGREEMENT TO CONDUCT FOOD AND BEVERAGE
OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB WITH
ZELNIA, VAN SCHAFFELAAR, PRICE, INC., A FLORIDA CORPORATION,
BY REQUIRING LESSEE TO CONDUCT ONE (1) SPECIAL EVENT PER
CALENDAR MONTH AT THE COUNTRY CLUB DURING THE TERM OF
LEASE OR EXTENSION THEREOF; AND, PROVIDING FOR AN
EFFECTIVE DATE
be adopted. Councilman O'Meilia seconded the motion. The motion passed 3-2, with
President Pro Tem Kelley, Councilman O'Meilia and Vice Mayor Valente voting aye, and
Councilman Vastola and Mayor Marks voting nay.
CONSTRUCTION PROJECTS -FINANCING
Councilman O'Meilia moved to direct staff to develop and distribute financial requests for
proposals to local financing institutions and municipal investment pools in an amount not
11
Minutes of Regular Session
• Held Thursday, November 4, 1996
to exceed $6,000,000 for various capital construction projects. President Pro Tem Kelley
seconded the motion, and all present voted aye.
ADJOURNMENT
There being no fiurther business to come before the Council, the meeting adjourned at
9:07 p.m.
~~
thleen F. Kelly, MC, Village erk
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