02-27-1997 VC REG-MMINUTES OF REGULAR SESSION
OF THE -----
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, FEBRUARY 27, 1997
Present: V. A. Marks, M. D., Mayor
Tom Valente, Vice Mayor
Gail Vastola, Councilman
Charles O'Meilia, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
Absent:
Larry Kelley, President Pro Tem
ROLL CALL
Mayor Marks called the meeting to order at 7:30 p.m. All members of Council were
present except President Pro Tem Kelley, who was absent due to illness. 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 held 2/13/97
Minutes of Regular Session held 2/13/97
REPORT OF THE MAYOR
Tim Murphy of the Army Corps of Engineers was present to give a status report on the
project at Big Munyon Island.
The Village Manager was directed to send a letter to Palm Beach County Commissioners
and the legislators in Tallahassee regarding the increase in flood insurance for property
east of I-95. Additionally, direction was given to include a request that the State
Legislature implement the Committee Report that was made two years ago by the
Governor's Commission as a result of Hurricane Andrew.
Minutes of Regular Session
held Thursday, February 27, 1997
PETITIONS AND COMMUNICATIONS
The following Minutes were received fior file:
Minutes of Code Enforcement Board Meeting held 2/3/97
Minutes of Recreation Advisory Board Meeting held 2/11/97
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VILLAGE MANAGER'S REPORT
Under the Village Manager's Report, staff was directed to keep abreast of whatever
measures are becoming available for computer conversion to accommodate the year
2000.
BILL 869 - ADOPTING A CABLE TELEVISION FRANCHISE AGREEMENT - PLAC_ ED
ON SECOND READING AND ENACTED AS ORD. 10-97
Councilman O'Meilia moved that Bill 869 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING AND ADOPTING A
CABLE TELEVISION FRANCHISE AGREEMENT ATTACH ED AS EXHIBIT
"A" BETWEEN THE VILLAGE OF NORTH PALM BEACH AND
SOUTHEAST FLORIDA CABLE, INC., D/B/A ADELPHIA CABLE
COMMUNICATIONS, FOR THE_ PROVISION OF CABLE TELEVISION
SERVICES INCLUDING THE OPERATION AND MAINTENANCE OF THE
CABLE TELEVISION SYSTEM IN THE VILLAGE OF NORTH PALM
BEACH, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE
be placed on second reading and read by title alone. Vice Mayor Valente seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 869 be enacted as Ordinance 10-97. Vice Mayor
Valente seconded the motion, and all present voted aye.
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Minutes of Regular Session
held Thursday, February 27, 1997
BILL 871 -FIRE PREVENTION CODE -PLACED ON SECOND READING AND
ENACTED AS ORD. 11-97
Vice Mayor Valente moved that Bill 871 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 12-16 OF
ARTICLE II., FIRE PREVENTION CODE, OF CHAPTER 12 OF THE CODE
OF ORDINANCES OF THE VILLAGE ADOPTING THE STANDARD FIRE
PREVENTION CODE, 1994 EDITION; AND THE LIFE SAFETY CODE OF
THE NATIONAL FIRE PROTECTION ASSOCIATION 101, 1988 EDITION;
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 second reading and read by title alone. Councilman O'Meilia seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 871 be enacted as Ordinance 11-97. Vice Mayor
Valente seconded the motion, and all present voted aye.
BILL 872 -AMENDING ZONING CODE FOR TELECOMMUNICATIONS TOWERS -
PLACED ON SECOND READING AND ENACTED AS ORD. 12-97
Councilman O'Meilia moved that Bill 872 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADDING A SECTION 45-21 TO
ARTICLE II OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES
OF THE VILLAGE TO PROVIDE FOR TELECOMMUNICATION ANTENNA
AND ANTENNA TOWERS WITHIN THE VILLAGE AND REGULATIONS
THEREFORE; AMENDING SECTION 45-32 (DEFINITIONS) OF ARTICLE
I OF APPENDIX C-ZONING BY ADDING DEFINITIONS FOR ANTENNA
AND ANTENNA TOWERS; AMENDING SUBSECTIONS A AND M OF
SECTION 45-36 (GENERAL PROVISIONS) OF ARTICLE III OF APPENDIX
C-ZONING TO PROVIDE THAT TELECOMMUNICATION
ANTENNA/TOWERS ARE SUBJECT THERETO AND- AMENDING
BUILDING HEIGHT REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
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Minutes of Regular Session
held Thursday, February 27, 1997
ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE
be placed on second reading and read by title alone. Vice Mayor Valente seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 872 be enacted as Ordinance 12-97. Councilman
Vastola seconded the motion, and all present voted aye.
BILL 873 -BUDGET AMENDMENT FOR LOCAL LAW ENFORCEMENT BLOCK GRANT
- PLACED ON SECOND READING AND ENACTED AS ORD. 13-97
Vice Mayor Valente moved that Bill 873 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 $11,111.00 FOR BICYCLE PATROL TO BE FUNDED BY
DEPARTMENT OF COMMUNITY AFFAIRS AND PORTION TO BE
MATCHED BY THE VILLAGE
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 873 be enacted as Ordinance 13-97. Councilman
Vastola seconded the motion, and all present voted aye.
BILL 874 -CAPITAL PROJECT FUND -PLACED ON SECOND READING AND
ENACTED AS ORD. 14-97
Vice Mayor Valente moved that Bill 874 entitled
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ESTABLISHING A CAPITAL PROJECT FUND FOR THE VILLAGE OF
NORTH PALM BEACH FOR THE CONSTRUCTION OF CERTAIN
FACILITIES, AND ADOPTING THE BUDGET FOR THE CONSTRUCTION
OF PUBLIC SAFETY BUILDING, RECREATION BUILDING AT
• ANCHORAGE PARK, AND BALL FIELD AT THE COMMUNITY CENTER;
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Minutes of Regular Session
held Thursday, February 27, 1997
ATTACHED AS EXHIBIT "A", AND PROVIDING FOR AN EFFECTIVE
DATE
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 874 be enacted as Ordinance 14-97. Councilman
Vastola seconded the motion, and all present voted aye.
Direction was given to the Finance Director to list out all expenditures and expenses
made during the past two years on these specific projects to show the total cost, which
does not show up in the construction fund.
BILL 875 -USE OF RIGHTS-OF-WAY FOR UTILITIES -PLACED ON SECOND
READING AND ENACTED AS ORD. 15-97
Councilman O'Meilia moved that Bill 875 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 28-1 OF
CHAPTER 28, USE OFRIGHTS-OF-WAY FOR UTILITIES, OF THE CODE
OF ORDINANCES OF THE VILLAGE TO PROVIDE THAT CHAPTER 28
DOES NOT APPLY TO CABLE TELEVISION SYSTEMS,; 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 second reading and read by title alone. Vice Mayor Valente seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 875 be enacted as Ordinance 15-97. Vice Mayor
Valente seconded the motion, and all present voted aye.
BILL 876 -INCREASE IN VILLAGE COUNCIL SALARY -PLACED ON FIRST READING
Vice Mayor Valente moved that Bill 876 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-16 OF
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Minutes ofi Regular Session
held Thursday, February 27, 1997
ARTICLE II., COUNCIL, OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE VILLAGE BY INCREASING THE COUNCIL
COMPENSATION; 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.
RESOLUTION 12-97 ADOPTED -AWARDING BID FOR COMMUNITY CE_NTE_R
CAPITAL PROJECT
Vice Mayor Valente moved that Resolution 12-97 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ACCEPTING BID "A" AND ADDITIVE ALTERNATE BID "CC" OF BRANG
COMPANY, INC. OF BOCA RATON, FLORIDA, FOR THE
• CONSTRUCTION OF THE NORTH PALM BEACH COMMUNITY CENTER
BALL FIELDS AND ACCESSORY STRUCTURES IN THE AMOUNT OF
$1,223,200.00 TO BE EXPENDED FROM ACCOUNT NO. K8033-66200
(COMMUNITY CENTER RECREATION AREA -BUILDINGS)
be adopted. Councilman Vastola seconded the motion.
By consensus, during discussion, Section 1. of the Resolution was amended by adding
$1, 223,200.00 after the words Alternate Bid "CC".
Thereafter, the motion passed 4-0.
RESOLUTION 13-97 ADOPTED -APPROVING SALARY ADJUSTMENT FOR NAGE
EMPLOYEES EXCEEDING MAXIMUM RANGE __
Vice Mayor Valente moved that Resolution 13-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, OVERRIDING THE MAXIMUM PAY
RANGE SET FORTH IN CODY AND ASSOCIATES PLAN ADOPTED BY
THE VILLAGE BY AUTHORIZING PAYMENT OF THE COST OF LIVING
• ALLOWANCE AND MERIT INCREASE SET FORTH IN RESOLUTION NO.
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Minutes ofi Regular Session
held Thursday, February 27, 1997
6-97 TO THOSE EMPLOYEES SET FORTH IN EXHIBIT "A"; AND,
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Vastola seconded the motion.
During discussion, Councilman O'Meilia moved to amend Resolution 13-97 by rewording
Section 1. to read as follows: The Village Council of the Village of North Palm Beach,
Florida, does hereby override the maximum pay range set forth in the salary schedule
adopted by the Village by authorizing payment of the 1996-97 salary schedule increase
set forth in Resolution No. 6-97 to those employees set forth in Exhibit "A" attached.
Vice Mayor Valente seconded the motion to amend, and all present voted aye.
Thereafiter, the motion to adopt, as amended, passed 40.
Councilman O'Meilia moved that Resolution 14-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, SUPPORTING THE POSITION OF THE
FLORIDA LEAGUE OF CITIES THAT CALLS FOR LEGISLATION AS TO
THE FOLLOWING MATTERS: LEGISLATION THAT AUTHORIZES THE
SMALL COUNTY SURTAX TO BE IMPLEMENTED BY ALL COUNTIES
REGARDLESS OF POPULATION; LEGISLATION THAT INSURES LOCAL
GOVERNMENT AUTHORITY TO MANAGE AND DETERMINE
COMPENSATION FOR USE OF PUBLIC RIGHTS-OF-WAY AND
PROVIDES FOR AND PROTECTS FEES, TAXES AND OTHER REVENUE
STREAMS TO LOCAL GOVERNMENTS FROM CURRENT AND
EMERGING TELECOMMUNICATIONS SERVICE PROVIDERS;
LEGISLATION THAT PRESERVES LOCAL CONTROL OF MUNICIPAL
AND SPECIAL DISTRICT POLICE AND FIRE PENSION PLANS, UNDER
CHAPTERS 175 AND 185, FLORIDA STATUTES; LEGISLATION
IMPLEMENTING DISASTER LEGISLATION STR4EAMLINING UPDATES
FOR LOCAL COMPREHENSIVE PLANS; LEGISLATION CONCERNING
WATER MANAGEMENT; LEGISLATION AS TO ETHICS COMMISSION
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Minutes of Regular Session
. held Thursday, February 27, 1997
REFORM; AND LEGISLATION ESTABLISHING COMMUNITY LAW
ENFORCEMENT FLEXIBILITY; AUTHORIZING AND DIRECTING THE
VILLAGE CLERK TO FURNISH A CERTIFIED COPY OF THIS
RESOLUTION TO MEMBERS OF THE PALM BEACH COUNTY
LEGISLATIVE DELEGATION, PALM BEACH COUNTY MUNICIPAL
LEAGUE, AND THE FLORIDA LEAGUE OF CITIES; AND, PROVIDING
FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Valente seconded the motion, and all present voted aye.
Vice Mayor Valente moved that Resolution 15-97 entitled:
A RESOLUTION BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, URGING THE 1997 FLORIDA
LEGISLATURE TO CREATE A DEDICATED FUNDING SOURCE FOR
STATEWIDE BEACH MANAGEMENT AND SUPPORTING HOUSE BILL
103
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
Further direction was given to staff to include the Palm Beach County Commission, Palm
Beach County Municipal League, and Florida League of Cities to the distribution list.
COMPREHENSIVE ANNUAL FINANCIAL REPORT - FY 1995-96 -ADOPTED
Councilman Vastola moved to adopt the Comprehensive Annual Financial Report, Year
Ended September 30, 1996, for the Village of North Palm Beach, as prepared by Haas,
Diaz & Co. Vice Mayor Valente seconded the motion, and all present voted aye.
ANNUAL GIRLS' SOFTBALL TOURNAMENT APPROVED
Vice Mayor Valente moved to approve the hosting of the 2nd Annual North Palm Beach
Girls' Softball Tournament, scheduled fior June 19, 1997 through June 22, 1997.
Councilman Vastola seconded the motion, and all present voted aye.
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Minutes of Regular Session
. held Thursday, February 27, 1997
HIRING FREEZE LIFTED ON PARKSKEEPER POSITION
Councilman Vastola moved to lift the hiring freeze on a Parkskeeper-Park Maintenance
position (job code #8023-0104) in the Public Services Department; reference position
audit and needs assessment submitted in accordance with the hiring freeze policy. Vice
Mayor Valente seconded the motion, and all present voted aye.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
8:45 p.m.
• K thleen F. Kelly, CMC, Village erk /~/~
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