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05-22-1997 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, MAY 22, 1997 Present: Gail H. Vastola, Mayor Charles O'Meilia, Vice Mayor Tom Valente, Councilman David Norris, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk Absent: ROLL CALL Larry Kelley, President Pro Tem Mayor Vastola 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 Mayor Vastola gave the invocation, and Councilman Valente 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 5/8/97 The following Minutes were approved as amended: Minutes of Regular Session held 5/8/97 -Page 5, ¶9: Delete reference to Pg. 50, 12.03.04 GUIDELINES (duplication). REPORT OF THE MAYOR By consensus, it was agreed that a status report by Tim Hullihan would be heard during the Workshop. After an update on the Municipal League's proposed reorganization and budget for 1997- 98, Vice Mayor O'Meilia moved to support the Municipal League's proposed Minutes of Regular Session Held Thursday, May 22, 1997 reorganization of the personnel and the increase in the budget for the 1997-98 year. Councilman Valente 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 4/7/97 Minutes of Planning Commission Minutes held 4/8/97 Minutes of Special Planning Commission Meeting held 4/22/97 Minutes of Police & Fire Pension Board Meeting held 4/29/97 -Staff was directed to review the request of the Pension Board regarding outside legal counsel. Also, draft Minutes will not be placed on Council agendas until officially approved by the Board, but will be issued to the Council for information only. Minutes of Recreation Advisory Board Meeting held 5/13/97 REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Vice Mayor O'Meilia moved to receive for file the recommendation of the Planning Commission that "new Village construction be processed by the Planning Commission". Councilman Valente seconded the motion, and all present voted aye. DECLARATION OF EX PARTS COMMUNICATIONS Vice Mayor O'Meilia reported the following conversations regarding the rezoning of the S. W. Neighborhood: 01/06/97: Dorothy Catanzaro 01/07/97: Shaul Porath 81/08/97: Commissioner Karen Marcus 01/08/97: Ed Moore 01/22/97: Dorothy Catanzaro 05/20/97: Norman Thomas 05/22/97: Hugo Unruh 2 Minutes of Regular Session • Held Thursday, May 22, 1997 Mayor Vastola reported that she had a conversation on 5/19/97 with Norman Thomas regarding the rezoning of the S. W. Neighborhood. Councilman Norris reported that he had a conversation on May 21, 1997 with Hugo Unruh regarding the rezoning of the S. W. Neighborhood. BILL 884 -BUDGET APPROPRIATION FOR FIRST UNION BANK LOAN -PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 884 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH CAPITAL PROJECT FUND BUDGET FOR THE FISCAL YEAR 1996-97, TO APPROPRIATE FUNDS IN THE AMOUNT OF $275,000 FOR BIANNUAL PAYMENT OF THE FIRST UNION BANK LOAN be placed on first reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. BILL 885 -BUDGET APPROPRIATION FOR CAPITAL LOAN PROJECT -PLACED O_ N FIRST READING Vice Mayor O'Meilia moved that Bill 885 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 FROM THE UNRESERVED FUND BALANCE IN THE AMOUNT OF $125,000 FOR THE PARTIAL BIANNUAL PAYMENT OF THE CAPITAL LOAN PROJECT be placed on first reading and read by title alone. Councilman Valente seconded the motion, and all present voted aye. BILL 886 -AMENDING ZONING CODE BY REPEALING C2 GENERAL C_ OMMERCIAL DISTRICT -PLACED ON FIRST READING Councilman Valente moved that Bill 886 entitled: 3 Minutes of Regular Session Held Thursday, May 22, 1997 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RESCINDING AND REPEALING SECTION 45-34, C-2 GENERAL COMMERCIAL DISTRICT, OF ARTICLE III OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE; 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 Norris seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved that Bill 887 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADDING SECTION 45-31.2 TO ARTICLE III OF APPENDIX C - ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE CREATING A NEW ZONING DISTRICT TO BE KNOWN AS CC, TRANSITIONAL COMMERCIAL DISTRICT, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT- "A" ATTACHED HERETO AND MADE A PART HEREOF; 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 Norris seconded the motion. By consensus during discussion, the Council corrected Page 1, Item C.2. ofi Exhibit "A" attached to Bill 887, by changing the word "of" to "or" and deleting parentheses around the or. Vice Mayor O'Meilia moved that Bill 888 entitled: 4 Minutes of Regular Session Held Thursday, May 22, 1997 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADDING SECTION 45-34 TO ARTICLE _ _ III OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE CREATING A NEW ZONING DISTRICT TO BE KNOWN AS C-2, AUTOMOTIVE COMMERCIAL DISTRICT, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; 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 Norris seconded the motion. During discussion, Vice Mayor O'Meilia moved to amend Bill 888, as follows: Exhibit "A", Page 1, A. Uses Permitted. -delete No. 1; substitute Sec. 45- 33. C-1 Neighborhood Commercial District., ¶ 1, 2 and 3 only. Councilman Valente seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved to change the following: Page 1, A. 3, insert the word "new" in front of "vehicular parts". On Page 3 of Exhibit "A", No. 9 -delete the phrase "off-street parking". Councilman Norris seconded the motion, and all present voted aye. Councilman Norris moved that a definition of "industrial equipment and vehicles" be drafted prior to the second reading of Ordinance 888. Vice Mayor O'Meilia seconded the motion, and all present voted aye. Councilman Norris moved that the following corrections be made to Exhibit "A": Page 2, No. 3, line 2 -change the word "an" to on; Exhibit "A", Page 2, 2(a), second sentence: delete the words "where feasible". Vice Mayor O'Meilia seconded the motion, and all present voted aye. • 5 Minutes of Regular Session Held Thursday, May 22, 1997 Village Manager Dennis Kelly recommended that C.2. of Page 2 be changed to read: "No vehicle shall be parked for display purposes with its hood or trunk open..."; Page 3, No. 5 -delete the word "residential" and insert "in a residential zone" after the word "streets". Vice Mayor O'Meilia moved to approve the two recommendations as stated by the Village Manager. Councilman Valente seconded the motion, and all present voted aye. Thereafter, the original motion passed 4-0. Vice Mayor O'Meilia moved that Bill 889 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-16, DIVISION OF VILLAGE INTO DISTRICTS; DISTRICTS ENUMERATED, OFARTICLE II OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE BY DELETING ZONING DISTRICT C-2, GENERAL COMMERCIAL DISTRICT, AND ADDING TWO (2) NEW ZONING DISTRICTS ENTITLED C-2, AUTOMOTIVE COMMERCIAL DISTRICT, AND CC, TRANSITIONAL COMMERCIAL DISTRICT; 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. Councilman Norris seconded the motion, and all present voted aye. BILL 890 -REZONING OF S. W. NEIGHBORHOOD -PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 890 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND COMMONLY KNOWN AS THE SOUTHWEST NEIGHBORHOOD LOCATED SOUTH OF RICHARD ROAD, NORTH OF NORTHLAKE BOULEVARD, WEST OF PROSPERITY FARMS ROAD AND BOTH EAST AND WEST OF HIGHWAY A1A WITHIN THE VILLAGE AND MORE • 6 Minutes of Regular Session Held Thursday, May 22, 1997 PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FROM VARIOUS PALM BEACH COUNTY ZONING DISTRICTS TO ZONING DISTRICTS OF THE VILLAGE OF NORTH PALM BEACH; 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 Valente seconded the motion, and all present voted aye. By written ballot, copies of which are attached to the official Minutes of Record, the Village Council appointed Robert L. Harshman to the Country Club Administrative Board. Thereafter, the name of the aforementioned appointee was entered into Resolution 30-97. Vice Mayor O'Meilia moved that Resolution 30-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE COUNTRY CLUB ADMINISTRATIVE BOARD be adopted. Councilman Norris seconded the motion, and all present voted aye. RESOLUTION SUPPORTING WEIGH STATION AT I-95 IN MARTIN COUNTY -FAILED Vice Mayor O'Meilia moved that a Resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ENCOURAGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT AND OPERATE A WEIGH STATION ON INTERSTATE HIGHWAY I-95 IN MARTIN COUNTY IN AN EFFORT TO CONTROL THE USE OF THE INTERSTATE HIGHWAY BY LONG HAUL TRUCK TRAFFIC; PROVIDING FOR DISTRIBUTION OF COPIES; AND, PROVIDING FOR AN EFFECTIVE DATE 7 Minutes of Regular Session Held Thursday, May 22, 1997 be adopted. Mayor Vastola passed the gavel to Vice Mayor O'Meilia and seconded the motion. The motion failed 1-3, with Mayor Vastola voting aye, and Councilman Norris, Councilman Valente and Vice Mayor O'Meilia voting nay. RESOLUTION 31-97 ADOPTED -AUTHORIZING MCCREARY CONTRACT Councilman Norris moved that Resolution 31-97 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 ADMINISTRATION CONTRACT FOR SERVICES WITH MCCREARY CORPORATION ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES THAT MCCREARY CORPORATION SHALL FURNISH ADMINISTRATIVE AND CLAIM SERVICES FOR MEDICAL EXPENSE. BENEFITS, LIFE INSURANCE AND REINSURANCE UNDER THE EMPLOYEE BENEFIT PLAN OF THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor O'Meilia seconded the motion, and all present voted aye. RESOLUTION 32-97 ADOPTED - TERMINATING 1989 FIRMA INTERLOCAL AGREEMENT Councilman Norris moved that Resolution 32-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, WITHDRAWING FROM AND TERMINATING THE INTERLOCAL AGREEMENT, FIRMA-EMPLOYEE BENEFITS DIVISION, DATED JULY 13, 1989, BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF GREENACRES, TOWN OF JUPITER AND TOWN OF LAKE PARK, WHICH AGREEMENT IS ATTACHED AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor O'Meilia seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED -TENNIS COURT LIGHTS Councilman Valente moved to approve a budget transfer in the amount of $5,700 from L8080-49910 (Country Club Contingency) to L8050-66120 (Tennis-Construction & Major • 8 Minutes of Regular Session • Held Thursday, May 22, 1997 Renovation) to fund purchase and installation of tennis court lights, and modification to the electrical service. Vice Mayor O'Meilia seconded the motion, and all present voted aye. RESOLUTION 33-97 ADOPTED -ACCEPTING BID FOR TENNIS COURT LIGHTS Councilman Valente moved that Resolution 33-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF C. R. DUNN, INC., LAKE WORTH, FLORIDA, IN THE AMOUNT OF $46,700.00, TO FURNISH AND INSTALL NEW TENNIS COURT LIGHTS ON THE FOUR SOUTHERLY TENNIS COURTS AT THE NORTH PALM BEACH COUNTRY CLUB; FUNDS TO BE EXPENDED FROM L8050-66210 (TENNIS-CONSTRUCTION & MAJOR RENOVATION) be adopted. Councilman Norris seconded the motion, and all present voted aye. • RESOLUTION 34-97 ADOPTED -ACCEPTING BID FOR JULY 4TH FIREWORKS, Vice Mayor O'Meilia moved that Resolution 34-97 entitled:. A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF ZAMBELLI INTERNATIONALE, BOCA RATON, FLORIDA, FOR FOURTH OFJULY FIREWORKS DISPLAY AT THE NORTH PALM BEACH COUNTRY CLUB IN 7HE AMOUNT OF $11,000; FUNDS TO BE EXPENDED FROM A8229-34932 (PUBLIC EVENTS) be adopted. Councilman Norris seconded the motion, and all present voted aye. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:50 p.m. /I iii ~~ . / r!~~' K thleen F. Kelly, CMC, Vill e Clerk • 9 _ TALLY' SHE'F`T__---_ -~ Select 1 name: NOTE: Appointee must be a tennis member. Round 1 _ Round 2 Harshman, Robert L. Kaplan, Gloria ~_ • i ~~~.~ J9 Round 3 BALLOT COUNTRY CLUB ADMINISTRATIVE BOARD 5/22/97 Select 1 name: NOTE: Appointee must be a .tennis member. Round 1 Round 2 Harshman, Robert L. Kaplan, Gloria (Signature) t CCAB.9AL Round 3 BALLOT COUNTRY CLUB ADMINISTRATIVE-BOARD 5/22/97 Select 1 name: NOTE: Appointee must be a tennis member. Round 1 Round 2 Harshman, Robert L. Kaplan, Gloria 1 t2.~{ ~g-na'tur~~ ~ _~ ~ ~J ~~~.s~. Round 3 BALLOT COUNTRY CLUB ADMINISTRATIVE BOARD 5/22/97 Select 1 name: NOTE: AAAOintee must be a tennis member. Round 1 Harshman, Robert L. Kaplan, Gloria ~ CCA8.8AL Round 2 Round 3 ~' Select 1 name: BALLOT COUNTRY CLUB ADMINISTRATIVE BOARD 5/22/97 NOTE: Appointee must be a tennis member. Round 1 Harshman, Robert L. ~_ Kaplan, Gloria (Signature) t ccne.sar, Round 2 Round 3