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Home My WebLink About09-19-1991 VC REG-M1 1 1 Present: ROLL CALL MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA RECONVENED THURSDAY, SEPTEMBER 19, 1991 Jerry Gardner, Mayor Judy M. Pierman, Vice Mayor V. A. Marks, M. D., President Pro Tem Manny Grinn, Councilman Thomas F. Kelsey, Ph.D., Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk Mayor Gardner reconvened the September 12, 1991 Regular Session at 7:30 p.m. on Thursday, September 19, 1991. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Pierman gave the invocation, and Councilman Kelsey 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 August 22, 1991 REPORT OF THE MAYOR Mayor Gardner announced that, due to the length of the agenda, the 3-minute time limit for statements from the public would be enforced. Mayor Gardner directed the Village Manager and Mr. O'Meilia to respond in writing to Councilman Grinn's questions regarding monies allocated for the Comprehensive Plan Agreement, both in the current budget and the budget for FY 1991-92. Vice Mayor Pierman moved to follow the agenda as stated, but limit the discussion on the Linpro bills to, one hour initially, then go on to address the budget ordinance and return to Linpro discussion after that, if necessary. President Pro Tem Marks seconded the motion, and all present voted aye. RECEIPT OF MINUTES The following Minutes were received as submitted: 1 Minutes of Reconvened Regular Session - Thursday, September 19, 1991 Minutes of Planning Commission Meeting held August 6, 1991 Minutes of Country Club August 19, 1991 Administrative Board Meeting held Minutes of Special Planning 1991 Minutes of Special Country held August 26, 1991 Commission Meeting held August 21, Club Administrative Board Meeting RECOMMENDATION OF COUNTRY CLUB ADMINISTRATIVE BOARD Vice Mayor Pierman moved to receive and file the recommendation of the Country Club Administrative Board to transfer requested funds (Items 12.c, d., e., and f. on agenda) but to hold them in abeyance to make funds available for the Group Health deficit. Councilman Grinn seconded the motion, and all present voted aye. VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly announced that the employee picnic would be held on Saturday, September 28, 1991 from 11 a.m. to 3 p.m. at the Country Club. Also, on Saturday, September 21, 1991, the Public Safety Department will hold an Open House at the Village Hall from 10 a.m. to 1 p.m. Mr. Kelly stated that he would be out of the state during the week of September 23, 1991, and Mr. O'Meilia would be the Acting Village Manager during that time. BILL 657 PLACED ON SECOND READING AND ADOPTED AS ORDINANCE 27-91 President Pro Tem Marks moved that Bill 657 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING TO THE VILLAGE CERTAIN AREAS OF PROPERTY; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE TO INCLUDE SAID PROPERTY; AND PROVIDING AN EFFECTIVE DATE be placed on second reading and read by title alone. Councilman Kelsey seconded the motion. Councilman Grinn moved to amend Bill 657 to include the following: "Nothing should be construed, as expressed or implied, that the Village Council of the Village of North Palm Beach makes any 2 1 1 1 Minutes of Reconvened Regular Session - Thursday, September 19, 1991 agreement other than that of annexing this property into the Village." Vice Mayor Pierman seconded the motion for the purpose of clarification. With no further explanation by Councilman Grinn, Vice Mayor Pierman withdrew her second. After discussion, President Pro Tem Marks moved to call the question, which passed 4-1, with President Pro Tem Marks,, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. Thereafter, the original motion to approve Bill 657 for second reading passed 4-1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. Councilman Kelsey moved to adopt Bill 657 as Ordinance 27-91. President Pro Tem Marks seconded the motion. The motion passed 4- 1, with Councilman Kelsey, President Pro Tem Marks, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. BILL 658 PLACED ON SECOND READING AND ADOPTED AS ORDINANCE 28-91 President Pro Tem Marks moved that Bill 658 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A RECENTLY ANNEXED 33.42 ACRE PARCEL OF LAND LYING GENERALLY EAST OF PROSPERITY FARMS ROAD, NORTH OF MONET ROAD AND WEST OF THE INTRACOASTAL WATERWAY AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FROM PALM BEACH COUNTY ZONING DISTRICT RS TO R-1 SINGLE FAMILY DWELLING DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Councilman Kelsey seconded the motion, and all present voted aye. Vice Mayor Pierman noted that the acreage was stated incorrectly as 33.43, and should be changed throughout the Ordinance to reflect the correct acreage as 33.42. Councilman Kelsey moved to adopt Bill 658 as Ordinance 28-91. Vice Mayor Pierman seconded the motion, and all present voted aye. BILL 659 PLACED ON SECOND READING AND ADOPTED AS ORDINANCE 29-91 President Pro Tem Marks moved that Bill 659 entitled: 3 1 1 1 Minutes of Reconvened Regular Session - Thursday, September 19, 1991 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR NORTH" UPON THOSE CERTAIN LANDS COMPRISING 33.42 ACRES, MORE OR LESS, LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF; SAID LANDS TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AS SET FORTH IN THE INDEX ATTACHED HERETO AS COMPOSITE EXHIBIT "B" AND WHICH PLANS AND SPECIFICATIONS ARE EXPRESSLY MADE A PART HEREOF; PROVIDED FOR A PERIMETER LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION; PROVIDING FOR A CASH CONTRIBUTION TO THE VILLAGE OR CONVEYANCE OF TITLE TO THE REAL PROPERTY KNOWN AS "ANCHORAGE PARK" TO THE VILLAGE AND CONSISTING OF 3.2274 ACRES MORE OR LESS AS A CONDITION FOR THE APPROVAL OF THE PLAT; PROVIDING FOR PLAT APPROVAL; PROVIDING THAT ALL STREETS, WATERWAYS, STREET LIGHTS, AND OTHER INFRASTRUCTURE IMPROVEMENTS SHALL BE PRIVATE AND SHALL BE MAINTAINED BY A PROPERTY OWNERS ASSOCIATION; PROVIDING FOR REVIEW AND APPROVAL OF CONDOMINIUM DOCUMENTS OR HOMEOWNERS DOCUMENTS BY THE VILLAGE ATTORNEY; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING PERMIT; PROVIDING FOR TIME OF COMMENCEMENT AND TIME OF COMPLETION FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR APPROVAL OF SIGNAGE AND TEMPORARY SALES CENTER BY THE VILLAGE COUNCIL; PROVIDING FOR DETERMINATION OF WETLANDS AND FOR APPROVALS AND PERMITS NECESSARY FROM REGULATORY AGENCIES; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT; 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 Kelsey seconded the motion. Mayor Gardner passed the gavel to Vice Mayor Pierman, and moved to amend Bill 659 by adding the following: "It is the specific intent of the Village Council, in the enactment of this Planned Unit Development Ordinance, that all applicable environmental permitting agencies, including but not limited to, the Department of Natural Resources, the Department of Environmental Regulation, the Department of Environmental Resources Management, and the U. S. Army Corps of Engineers, rigorously enforce all environmental laws and regulations that are in force, and that such agencies consult with the Village Council and keep the Council fully apprised as to the status of each and every application by Petitioner before such permitting agency." President Pro Tem Marks seconded the motion. During discussion, Councilman Kelsey asked Mayor Gardner to amend his motion by adding the following sentence to his amendment: "The 4 1 1 1 Minutes of Reconvened Regular Session - Thursday, September 19, 1991 Village is particularly concerned with existing shoreline and upland vegetation/wildlife communities and the potential degradation or depletion of potable and irrigation quality ground water by the construction of the canals." Mayor Gardner agreed to incorporate this sentence into his amendment, with the seconder, President Pro Tem Marks, in concurrence. Councilman Grinn suggested that the amendment be highlighted and sent with a cover letter to the applicable agencies, as stated in the amendment. Thereafter, the motion to amend Bill 659 passed unanimously. Vice Mayor Pierman returned the gavel to Mayor Gardner. Vice Mayor Pierman moved to amend Bill 659 to provide a cash contribution of $200,000 to the Village and conveyance of title to Anchorage Park. Councilman Grinn seconded the motion. During discussion, David Mackey, representing Linpro, Fla., Inc., while in agreement with giving both a cash contribution plus title to Anchorage Park, stated that a cash contribution in an amount of $200,000 was unacceptable. Mr. Mackey made a counteroffer of $25,000 plus title to Anchorage Park, which the Council found inadequate. After further discussion and request by Council for a more equitable cash amount, Mr. Mackey amended his offer to Anchorage Park plus $100,000. Vice Mayor Pierman revised her motion to amend Bill 659 to provide a cash contribution of $125,000 plus conveyance of title to Anchorage Park, with agreement from the seconder, President Pro Tem Marks. The motion passed 3-2, with Vice Mayor Pierman, President Pro Tem Marks and Mayor Gardner voting aye, and Councilman Grinn and Councilman Kelsey voting nay. Village Attorney George Baldwin asked Mr. Mackey, for the record, if the developer was agreeable to giving a cash contribution of $125,000 plus title to Anchorage Park to the Village of North Palm Beach, as outlined in the PUD. Mr. Mackey answered in the affirmative. Mr. Baldwin also clarified with Mr. Mackey that both the cash contribution of $125,000 and the title to Anchorage Park would be given to the Village either upon first building permit or within the first three years, whichever occurs first, unless extended one year. Mr. Mackey was in agreement. Mr. Baldwin asked Mr. Mackey if he were contractually able to tie up Anchorage Park for a possible three or four years. Mr. Mackey said yes. The meeting recessed at 9:25 p.m. and reconvened at 9:35 p.m. 5 1 1 1 Minutes of Reconvened Regular Session - Thursday, September 19, 1991 As voted on earlier in the meeting, the Council interrupted the discussion on Bill 659 at this time for the purpose of addressing Bill 668, a proposed ordinance adopting budgets for FY 1991-92. BILL 668 PLACED ON FIRST READING President Pro Tem Marks moved that Bill 668 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING BUDGETS FOR THE FISCAL YEAR OCTOBER 1, 1991 TO SEPTEMBER 30, 1992, BOTH INCLUSIVE, FOR THE VILLAGE OF NORTH PALM BEACH GENERAL FUND, INCLUDING DEBT RETIREMENT, AND FOR THE NORTH PALM BEACH COUNTRY CLUB REVENUE FUND; AND REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE be placed on first reading and read by title alone. Councilman Kelsey seconded the motion. Discussion was held concerning revisions to the tentative budget, as made by the Council during first Public Hearing and the additional Budget Workshop of September 15, 1991, as well as changes to the Country Club budget made during the Special Country Club Administrative Board meeting held September 18, 1991. Also discussed was the reduction in the millage rate from 4.36'to 4.26. President Pro Tem Marks moved to amend the budget by incorporating all revisions made at referenced meetings, details of which is attached to the official Minutes of this meeting. Councilman Grinn moved to further amend the budget by appropriating an additional $2,000 to Line Item A7927-66610 (Books & Publications) in the Library budget. Vice Mayor Pierman seconded the motion. During discussion, a motion by Vice Mayor Pierman to call the question passed 4-1, with Vice Mayor Pierman, Councilman Kelsey, President Pro Tem Marks and Mayor Gardner voting aye, and Councilman Grinn voting nay. The motion to amend the budget by appropriating an additional $2,000 to the Library for books carried 3-2, with Councilman Grinn, Vice Mayor Pierman and Mayor Gardner voting aye, and President Pro Tem Marks and Councilman Kelsey voting nay. The original motion to incorporate revisions in the proposed budget passed 5-0. Thereafter, the original motion to place Bill 668, as amended, on first reading passed 5-0. 6 1 1 1 Minutes of Reconvened Regular Session - Thursday, September 19, 1991 Because the proposed utility tax was reduced from 6% to 5% in the budget process, Item 10.h. (Bill 669) was dropped from the agenda. CONTINUATION DISCUSSION OF BILL 659 Discussion resumed with a motion on the floor to approve second reading of Bill 659, creating a PUD known as Prosperity Harbor North. The original motion, as amended, passed 4-1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. President Pro Tem Marks moved to adopt Bill 659 as Ordinance 29-91, and Councilman Kelsey seconded the motion. The motion passed 4-1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. Due to the lateness of the hour, remaining Linpro items, 10.d. and 10.e. on the agenda will be addressed as the first order of business at the September 26, 1991 Regular Session. Item 11.a on the agenda regarding partial abandonment of Garden Lane was forwarded to the next Regular Session agenda. BUDGET TRANSFERS APPROVED PENDING AVAILABILITY OF FUNDS President Pro Tem Marks moved to approve the budget transfers, as recommended by the Country Club Administrative Board, pending availability of funds, and listed on Agenda as Items 12.c. through 12.f., and Item 12.g. budget transfer, as stated. Councilman Kelsey seconded the motion. The budget transfers were as follows: Transfer of funds from L8046-66430 (Furniture & Fixtures) in the amount of $2,000.00 to L8051-34620 (R & M-Bldg. & Grounds) for the purpose of repairing the electrical system at swimming pool. Transfer of funds from L8047-34420 (Rental Equipment) in the amount of $11,500.00 to L8045-66490 (Machinery & Equipment) for the purpose of purchasing a golf course utility vehicle and blower. Transfer of funds from various Country Club accounts in the amount of $1,190.00 to L8045-34640 (R & M-Irrigation) for the purpose of installing additional irrigation. 7 1 1 Minutes of Reconvened Regular Session - Thursday, September 19, 1991 Transfer of funds from L8046-66430 (Furniture & Fixtures) in the amount of $1,000.00 to L8050-66490 (Machinery & Equipment) for the purpose of purchasing a used utility cart for tennis. Transfer of funds from A5540-49915 (Reserve -COL & Benefits) in the amount of $43,060.00 to various accounts for Regular Pay and FICA for the purpose of covering retroactive 9% PBA raises for FY 1990- 91 as negotiated in the PBA contract. The motion passed unanimously. BUDGET TRANSFER APPROVED FOR DEFICIT IN GROUP HEALTH President Pro Tem Marks moved to approve the Finance Department's request to transfer funds from various accounts in the General Fund to A5540-49913 (Group Health) in the amount of $126,400, and from various accounts in the Country Club Fund to L8070-49913 (Group Health) in the amount of $31,600, to cover deficits created by an increase in group health claims experience. Councilman Grinn seconded the motion, and all present voted aye. reached the curfew of 11:00 p.m., the meeting adjourned. f / thleen F. Kell , Village 8 1 915GFS REVENUES: A0100-00110 A0400-00100 A0618-03910 A0618-03920 A3700-08410 A3100-08110 A3100-08200 A4600-09100 EXPENSES: A4801-35420 A5105-33113 A6416-35294 A5540-49900 A5540-49911 VILLAGE OF NORTH PALM BEACH GENERAL FUND REVISED CHANGES BASED ON 9/12 & 9/15 COUNCIL MEETING ON FY 1991-92 BUDGET PROPOSED BUDGET INCREASE 91-92 REVISED (DECREASE) PER BUDGET 1991-92 AD VALOREM TAXES ELECTRIC -UTILITY TAX MARINA MARINA DECALS ADMINISTRATION-NPBCC INTEREST -CC LOAN INTEREST -SBA APPROPRIATED FUND BALANCE TOTAL INCREASE (DECREASE) IN REVENUE: REVISED REVENUES: PER BUDGET 1991-92 MEMBERSHIPS & DUES LABOR SERVICES UNIFORMS & SHOES VIL. MGR. CONTINGENCY COUNCIL CONTINGENCY TOTAL INCREASE (DECREASE) IN EXPENSES: REVISED EXPENSES: 2,849,332 2,783,980 490,000 410,000 71,000 61,800 3,300 2,860 58,600 50,600 11,500 0 88,500 100,000 350,000 500,000 3,485 3,000 2,651 10,000 94,462 685 1,500 2,170 0 96,251 (65,352) (80,000) ;;;:1; (9,200),'_,-.'-:!.... ;.,;...,.; ., .. (11,500) 11,500 ,.�;';<,, 150,000 ....... 2,992) '9s 6;437,880 "'6;4$0;872 (2,800) , (1,500) (481) 1,789 J. 915CC5 REVENUES: L2151-03631 L2151-03632 L4100-09300 L4600-09100 1 EXPENSES: L8045-11540 L8045-12110 L8565-49160 L8070-49910 1 VILLAGE OF NORTH PALM BEACH COUNTRY CLUB SUGGESTED REVISED CHANGES BASED ON 9/12 & 9/15 COUNCIL MEETING ON FY 1991-92 BUDGET PER BUDGET 1991-92 POOL - RESIDENT POOL - NON-RESIDENT LOAN APPROPRIATED RETAINED EARNINGS PROPOSED BUDGET 91-92 27,570 36,675 165,000 0 TOTAL INCREASE (DECREASE) IN REVENUE: REVISED REVENUES: PER BUDGET 1991-92 BONUSES FICA PAYMENT - LOAN COUNTRY CLUB CONTINGENCY 787 18,813 40,000 67,643 TOTAL INCREASE (DECREASE) IN EXPENSES REVISED EXPENSES: EXPENSES OVER (UNDER) REVENUES: INCREASE REVISED (DECREASE) 18,947 29,515 0 140,000 0 18,753 0 67,707 (8,623) (7,160) (165,000)7;• 140,000 (787) (60) (40,000) 64 TOTAL 1,224,44, 1 1 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410-4698 • (407) 775-8200 - July 23, 1991 Mr. Charlie O'Meilia Village of North Palm Beach 645 Prosperity Farms Road North Palm Beach, FL 33408 ;vSzii fib 410410 alatekear igela Dear Mr. O'Meilia, The City has received notice of the scheduled first reading to annex and rezone the property of the proposed Prosperity Harbor North project. Palm Beach Gardens would like for it to be stated into the record that we object to any action being taken by the Village at this time. The City requested during a visit to your office by Kim Glas on April 2, 1991, copies of the traffic studies for the project. This request was repeated in a letter of the same date, and in subsequent conversations. We have not received a reply from the Village in response to these requests. In light of this, it appears that the Village has not evaluated the potential traffic impacts created by the proposal. The City disapproves of the Village Council considering any proposal for this property without the appropriate studies and reports to support the project. The City reiterates its request for copies of the traffic studies for this project, as well as the Prosperity Harbor South project. Palm Beach Gardens is concerned about any proposal which impacts Prosperity Farms Road, RCA Boulevard and Burns Road. Burns Road will be over capacity with existing development, therefore, any additional trips will create severe constraints. Until the City has had the opportunity to fully evaluate the traffic studies and is assured that the roadway network is capable of handling the additional impact, we would like to record an objection to the Village taking action on this proposal. Sincerely, Rich Walton, AICP Planning & Zoning Director cc: Village Clerk Qom.' " We-