01-08-1998 VC REG-MMINUTES OF REGULAR SESSION
. OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, JANUARY 8, 1998
Present: Gail H: Vastola, Mayor
Charles O'Meilia, Vice Mayor
Larry Kelley, President Pro Tem
Tom Valente, Councilman
David Norris, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Vastola 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 TO THE FLAG
• Councilman 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 Public Hearing held 12/11/97
Minutes of Regular Session held 12/11/97
Minutes of Special Session held 12/15/97
REPORT OF THE MAYOR
Mayor Vastola added Item 12.f to the Regular Session agenda, a resolution opposing
House Bill 3291 which creates a Telecommunications Rights-of-Way Act.
STATEMENTS FROM THE PUBLIC
Eleven residents addressed the Council regarding their opposition to Ordinance 38-97,
which added a requirement for screening recreational vehicles from view from the street
in R-1 and R-2 zoning districts.
Minutes of Regular Session
• held Thursday, January 8, 1998
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Construction Board of Adjustment Meeting held 10/20/97
Minutes of Police & Fire Pension Board Meeting held 10/28/97 -the Village
Manager was directed to check immediately on the vote taken by the Police and
Fire Pension Board to make the COLA 3% for retirees receiving periodic
payments, since the COLA is determined by ordinance, which is the CPI on July
1 of each year.
Minutes of General Employees Pension Board Meeting held 11/5/97
Minutes of Library Advisory Board Meeting held 11/25/97
Minutes of Code Enforcement Board Meeting held 12/1/97
• Minutes of Country Club Administrative Board Meeting held 12/1/97 - it was noted
that requested reports had not been attached to the Minutes.
Minutes of Polices & Fire Pension Board Meeting held 12/2/97
Minutes of Recreation Advisory Board Meeting held 12/9/97
Minutes of Country Club Administrative Board Meeting held 12/15/97
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly reported that the new_Labor Consultant, Jim Cherof, has
requested an Executive Session. The Village Council scheduled this meeting for Monday,
January 19, 1998 at 5:30 p.m. in the Conference Room of the Village Hall.
Mr. Kelly announced that on January 21st, the Public Safety facility bids will be opened.
It was further reported by Mr. Kelly that contact has been made with Lost Tree Village
regarding possible annexation. Although the response by the Lost Tree Village Board of
Directors was negative at this time, contact will be made again when all members of the
Board are available.
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Minutes of Regular Session
held Thursday, January 8, 1998
BILL 906 -REVISING ZONE CODE -C-1 NEIGHBORHOOD COMMERCIAL DISTRICT -
PERMITTED USES -PLACED ON SECOND READING AND ENACTED AS ORD. 01-98
Councilman Valente moved that Bill 906 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-33, C-1
NEIGHBORHOOD COMMERCIAL DISTRICT, OF ARTICLE III OF
\J
APPENDIX C, ZONING, OF THE CODE OF ORDINANCES OF THE
VILLAGE BY ADDING A GENERAL DESCRIPTION OF THE DISTRICT;
AMENDING SUBSECTION A, USES PERMITTED; AMENDING
SUBSECTION C, BUILDING AREA REGULATIONS; AMENDING
SUBSECTION D, YARD SPACE REGULATIONS; AMENDING
PARAGRAPH 1 OF SUBSECTION E, OFF-STREET PARKING REGULATIONS;
REPEALING PARAGRAPH 1 OF SUBSECTION F, FLOOR AREA
REGULATIONS; AMENDING SUBSECTION G, CONDITIONS FOR PERMITTED
USES; 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. President Pro Tem Kelley
seconded the motion, and all present voted aye.
Councilman Valente moved that Bill 906 be enacted as Ordinance 01-98. President Pro
Tem Kelley seconded the motion, and all present voted aye.
Vice Mayor O'Meilia moved that Bill 907 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-36,
GENERAL PROVISIONS, OF ARTICLE III OF APPENDIX C, ZONING, OF
THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING A
SUBSECTION P RELATING TO MAXIMUM FLOOR-AREA RATIO;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
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Minutes of Regular Session
• held Thursday, January 8, 1998
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.
Vice Mayor O'Meilia moved that Bill 907 be enacted as Ordinance 02-98. President Pro
Tem Kelley seconded the motion, and all present voted aye.
BILL 908 -WASTE DISPOSAL FEES_ FOR 1997-98 -PLACED ON SECOND READING_
AND ENACTED AS ORD. 03-98
Vice Mayor O'Meilia moved that Bill 908 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (2) OF
SECTION 14-30 OF ARTICLE II, GARBAGE, TRASH AND REFUSE, OF
CHAPTER 14 OF THE CODE OF ORDINANCES OF THE VILLAGE
• RELATING TO ANNUAL DISPOSAL FEES FOR GARBAGE; TRASH AND
OTHER REFUSE COLLECTED BY THE VILLAGE OF NORTH PALM
BEACH; 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 Valente seconded the
motion, and all present voted aye.
Vice Mayor O'Meilia moved that Bill 908 be enacted as Ordinance 04-98. President Pro
Tem Kelley seconded the motion, and all present voted aye.
BILL 909 -AMENDING SECTION 45-2, .DEFINITIONS, OF ART. 1, APPENDIX C,
ZONING -PLACED ON FIRST READING
Vice Mayor O'Meilia moved that Bill 909 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING SECTION 45-2, DEFINITIONS, OF
ARTICLE I OF APPENDIX C, ZONING, OF THE CODE OF ORDINANCES OF
THE VILLAGE BY ADDING DEFINITIONS THERETO FOR THE TERMS
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Minutes of Regular Session
• held Thursday, January 8, 1998
TRANSIENT COMMERCIAL, RETAIL COMMERCIAL, NON-RETAIL
COMMERCIAL AND MIXED-USE COMMERCIAL; 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.
During discussion, Village Attorney George Baldwin was asked to provide a definition of
specialized retail for the next meeting.
Thereafter, all present voted aye.
RESOLUTION 01-98 ADOPTED -NOTICE OF GENERAL ELECTION
President Pro Tem Kelley moved that Resolution 01-98 entitled:
• A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE
GENERAL ELECTION TO BE HELD ON MARCH 10, 1998; NAMING THE
TIME AND PLACE WHERE SUCH ELECTION SHALL BE HELD;
APPOINTING THE ELECTION OFFICIALS FOR THE GENERAL
ELECTION AND RUNOFF ELECTION; DECLARING THE OFFICES TO BE
FILLED AT SUCH ELECTION
be adopted. Councilman Norris seconded the motion, and all present voted aye.
RESOLUTION 02-98_ ADOPTED - S_ U_ PPORTING NAMAC PROPOSAL FOR
CENTRALIZED DISPATCH SYSTEM
President Pro Tem Kelley moved that Resolution 02-98 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
SUPPORTING THE NORTHERN AREA MUTUAL AID CONSORTIUM
(NAMAC) PROPOSAL OF A CENTRALIZED DISPATCH CENTER TO
HANDLE EMERGENCY RESPONSE REQUESTS FROM THE CITIZENS
LIVING IN THOSE COMMUNITIES PARTICIPATING IN NAMAC; AND,
PROVIDING FOR AN EFFECTIVE DATE
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Minutes of Regular Session
• held Thursday, January 8, 1998
be adopted. Vice Mayor O'Meilia seconded the motion.
During Discussion, Councilman Norris moved to amend the motion by changing the word
"proposal" to the word "concept" in the caption of the resolution; and Section 1 was
amended by deleting the words "Northern Areas Mutual Aid Consortium (NAMAC)
proposal", replacing it with the word "concept"; and adding a last sentence to read:
"However, we reserve the right to make a final determination as to our position after
reviewing detailed information in proposals regarding the same". Vice Mayor O'Meilia
seconded the motion, and all present voted aye.
Thereafter, the motion, as amended, passed 5-0.
RESOLUTION 03-98 ADOPTED -AGREEMENT WITH BRANCH ASSOC.. INC. FOR
PUBLIC TELEPHONE SERVICE AT COMMUNITY CENTER
Councilman Valente moved that Resolution 03-98 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
BRANCH ASSOCIATES, INC., ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT IS FOR THE PURPOSE OF SECURING PUBLIC
TELEPHONE SERVICE AT THE COMMUNITY CENTER BALL FIELDS
WITHIN THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye.
RECESS
The meeting recessed at 9:08 p.m. and reconvened at 9:17 p.m. President Pro Tem
Kelley left the meeting at this time due to illness.
RESOLUTION 04-98 ADOPTED -AMENDING COUNTYWIDE LAW ENFORC_ EMENT
MUTUAL AID AGREEMENT
Councilman Valente moved to adopt Resolution 04-98 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING THE AMENDED PALM
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Minutes of Regular Session
• held Thursday, January 8, 1998
BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL
ASSISTANCE AND VOLUNTARY MUTUAL AID AGREEMENT, AND AUTHORIZING
EXECUTION OF A NEW SIGNATURE PAGE
be adopted. Vice Mayor O'Meilia seconded the motion.
During discussion, the Manager reported that the insurance company submitted a letter
stating that liability and workers' compensation benefits would be extended to Public
Safety employees while operating under this Agreement and within the scope of their
duties for the Village even though they were operating outside Village boundaries. The
Council requested that clarification be made by the insurance company regarding a
similar statement to cover police officers from an outside agency who may be called for
assistance within the Village under this agreement.
Thereafter, the motion passed 40.
• RESOLUTION 05-98 ADOPTED -APPROVING PBA-LIEUTENANTS CONTRACT
Councilman Valente moved that Resolution 05-98 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR, VILLAGE MANAGER AND VILLAGE CLERK TO ENTER INTO
AN AGREEMENT BETWEEN THE VILLAGE AND PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION-LIEUTENANTS ATTACHED AS
EXHIBIT "A", AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor O'Meilia seconded the motion.
During discussion the Village Council stipulated that the Resolution and Exhibit "A" shall
not be signed until ratification by the Police Benevolent Association and PBA
Representative.
Thereafter, the motion passed 4-0.
• ~
Minutes of Regular Session
• held Thursday, January 8, 1998_
RESOLUTION 06-98 ADOPTED -OPPOSING TELECOMMUNICATIONS RIGHTS-OF-
WAY ACT
Vice Mayor O'Meilia moved that Resolution 06-98 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, IN STRONG OPPOSITION TO HOUSE
BILL 3291 WHICH CREATES A TELECOMMUNICATIONS RIGHTS-OF-
WAY ACT AND PROVIDES THAT LOCAL GOVERNMENT SHALL NOT
REQUIRE TELECOMMUNICATIONS PROVIDERS TO PAY FOR USE OF
PUBLIC RIGHTS-OF-WAY; AUTHORIZING AND DIRECTING THE
VILLAGE CLERK TO FURNISH A CERTIFIED COPY OF THIS
RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, ALL
MEMBERS OFTHE PALM BEACH COUNTY LEGISLATIVE DELEGATION
AND SUCH OTHER PERSONS AS THE MAYOR MAY DIRECT; AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Norris seconded the motion, and all present voted aye.
• The Council directed that a certified copy of Resolution 06-98 also be sent to the Palm
Beach County Municipal League, Florida League of Cities, and the House Utilities and
Communications Committee.
GEE AND JENSON CONTRACT AMENDMENT APPROVED
Councilman Valente moved to authorize additional services by Gee and Jenson to design
and permit an emergency traffic light on U. S. One for the new Public Safety facility. Vice
Mayor O'Meilia seconded the motion, and all present voted aye.
L & A TESTING OF ELECTION EQUIPMENT
Councilman Valente moved to designate Theresa LePore, Supervisor of Elections, or her
designee, as a Canvassing Board member for the Village Election of March 10, 1998, and
the Village's representative for the Logic and Accuracy testing of the tabulating equipment
on Friday, March 6, 1998 at 10:30 a.m. at the Palm Beach County Governmental Center
for the Village Election of March 10, 1998 and the runoff election of March 24, 1998,
should there be one. Councilman Norris seconded the motion, and all present voted aye.
i
Minutes of Regular Session
• held Thursday, January 8, 1998
OSBORNE PARK CONCESSION BUILDING -CHANGE ORDER APPROVED
Vice Mayor O'Meilia moved to approve Change Order No. 2 for electrical modifications
at Osborne Park Concession Building in the amount of $1,229.28. Councilman Norris
seconded the motion, and all present voted aye.
COUNTRY CLUB SPACE STUDY APPROVED
Councilman Norris moved to direct the Country Club Administrative Board to obtain
recommendations from an interior decorator for immediate~r improvements, and to direct
staff to solicit proposals based on scope of services previously submitted. Councilman
Valente seconded the motion.
During discussion, the motion and second were withdrawn. Vice Mayor O'Meilia moved
to direct staff to solicit proposals from registered professional designers, based on the
scope of services submitted at the Council Workshop of December 11, 1997, for the
North Palm Beach Country Club Clubhouse Master Plan study in accordance with Florida
Statute 287.055. Councilman Valente seconded the motion, and all present voted aye.
Councilman Norris moved to obtain recommendations and proposals from an interior
decorator for immediate improvements to the interior of the Country Club facility, with
funding to be done from the Space Study appropriation. Vice Mayor O'Meilia seconded
the motion. It was clarified that when the proposals are received, they would go to the
Country Club Administrative Board as well as the Village Council.
Thereafter, all present voted aye.
SEXUAL OFFENDER POLICY APPROVED
Vice Mayor O'Meilia moved to adopt a policy regarding sexual offenders in the Village of
North Palm Beach as set forth in Public Safety Directors RCA dated December 4, 1997.
Councilman Valente seconded the motion.
During discussion, the Council revised language
C. under definitions: the word "may" in line 3
"deemed appropriate" was changed to read "as
in the policy as follows: Page 1, Item
was changed to "shall"; the phrases
set forth below" in both cases; under
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Minutes of Regular Session
• held Thursday, January 8, 1998
Section IV, Item 1, the phrase "or other law enforcement agency" was deleted; and Page
2, ¶4, line 2, the phrase "as a minimum" was added following "This area".
Thereafter, all present voted aye.
Village Attorney George Baldwin will research how liability will be affected ifi the Statute
is found to be unconstitutional.
HIRING FREEZE LIFTED ON VEHICLE MAINTENANCE LABORER POSITION
Councilman Valente moved to lift the hiring freeze on a Vehicle Maintenance Laborer
position (job code #5522-0103) in Public Services Department; reference needs
assessment and position audit. Vice Mayor O'Meilia seconded the motion, and all
present voted aye.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 10:28 p.m.
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at teen F. Kelly, , Village C r
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