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Home My WebLink About10-13-1994 VC REG-M1 1 MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, OCTOBER 13, 1994 Present: — n ROLL CALL C Gail H. Vastola, Mayor Jeffrey H. Atwater, Vice Mayor V. A. Marks, M. D., President Pro Tem Tom Valente, Councilman Larry Kelley, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk 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 Councilman Kelley gave the invocation, and Vice Mayor Atwater 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 9/19/94 Minutes of Special Meeting held 9/19/94 Minutes of Regular Session held 9/22/94 REPORT OF THE MAYOR on behalf of the Village Council, Mayor Vastola presented Public Safety Director Bruce Sekeres with a Certificate of Appreciation and Gift Certificate for twenty years of service to the Village. Mayor Vastola also presented Chief Sekeres with the Public Safety Departmental Service Award for twenty years of service. Mayor Vastola removed items 11.a., 11.b., 12.a., 12.b. and 12.c. from the agenda. These items will be addressed at the November loth meeting. PETITIONS AND COMMUNICATIONS The following Minutes were accepted for file: Minutes of Planning Commission Meeting held 9/13/94 Minutes of Regular Session Held Thursday, October 13, 1994 Minutes of Special Planning Commission Meeting held 9/20/94 Minutes of Country Club Administrative Board Meeting held 9/26/94 REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Councilman Valente moved to accept for file the recommendation of the Country Club Administrative Board to approve the transfer of funds in the amount of $4,000.00 from Restaurant -Regular Pay (L8053-11210) to Restaurant Part -Time Pay (L8053-11300). Vice Mayor Atwater seconded the motion, and all present voted aye. Councilman Valente moved to accept for file the recommendation of the Planning Commission to deny the modification of the Planned Unit Development, Parcel D, Future Development, to permit twenty- four (24) town houses. President Pro Tem Marks seconded the motion, and all present voted aye. BILL 755 - COMMERCIAL WASTE DISPOSAL FEES - PLACED ON SECOND READING AND ENACTED AS ORDINANCE 19-94 President Pro Tem Marks moved that Bill 755 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING WASTE DISPOSAL CHARGES FOR COMMERCIAL PROPERTY FOR THE FISCAL YEAR 1994-95; PROHIBITING PRIVATE REMOVAL OF WASTE WITH EXCEPTIONS; WASTE DISPOSAL FEES DUE REGARDLESS OF VACANCY OR NON-USE OF PROPERTY; WASTE DISPOSAL BILLING PROCEDURES; REPEAL OF ORDINANCE NO. 28- 93; SEVERABILITY CLAUSE AND EFFECTIVE DATE be placed on second reading and read by title alone. Councilman Kelley seconded the motion, and all present voted aye. Councilman Kelley moved that Bill 755 be enacted as Ordinance 19-94. President Pro Tem Marks seconded the motion, and all present voted aye. BILL 758 - ADDITIONAL ASSESSMENT FOR VIOLATIONS - PLACED ON FIRST READING Councilman Valente moved that Bill 758 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 1-9 OF 2 1 1 Minutes of Regular Session Held Thursday, October 13, 1994 CHAPTER 1 OF THE CODE OF ORDINANCES ESTABLISHING AN ADDITIONAL ASSESSMENT FOR VIOLATION OF MUNICIPAL ORDINANCES AND VIOLATION OF A STATE PENAL OR CRIMINAL STATUTE WITHIN THE INCORPORATED LIMITS OF THE VILLAGE OF NORTH PALM BEACH AND BOND ESTREATURE AND FORFEITED BAIL BOND RELATED THERETO TO BE USED FOR CRIMINAL JUSTICE EDUCATION DEGREE PROGRAMS AND TRAINING COURSES, INCLUDING BASIC RECRUIT TRAINING; 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 Kelley seconded the motion, and all present voted aye. BILL 759 - BUDGET AMENDMENT FOR NORTH SUBSTATION - PLACED ON SECOND READING AND ENACTED AS ORDINANCE 20-94 President Pro Tem Marks moved that Bill 759 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1994-95 TO APPROPRIATE FUNDS FOR THE SUB- STATION NORTH OF THE PARKER BRIDGE be placed on second reading and read by title alone. Councilman Valente seconded the motion, and all present voted aye. Vice Mayor Atwater moved that Bill 759 be enacted as Ordinance 20-94. Councilman Kelley seconded the motion, and all present voted aye. BILL 760 - HARBOUR POINT MARINA P.U.D. AMENDMENT -PARCEL "A" - PLACED ON FIRST READING ' President Pro Tem Marks moved that Bill 760 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 6-94 WHICH CREATED A PLANNED UNIT DEVELOPMENT KNOWN AS "HARBOUR POINT MARINA" BY APPROVING THE DEVELOPMENT OF SEVEN (7) TOWNHOMES ON 1.083 ACRES DESIGNATED AS PARCEL "A" IN ACCORDANCE WITH THAT CERTAIN PLAN PREPARED BY STEPHAN A. YECKES, ARCHITECT, CONSISTING OF ONE (1) COVER SHEET ENTITLED "OVERALL SITE PLAN OF PUD" (UNDATED) AND SIX (6) SHEETS ENTITLED "HARBOUR POINT TOWNHOMES" PREPARED BY STEPHAN A. YECKES, ARCHITECT, DATED JUNE 20, 1994, ATTACHED AND MADE A PART HEREOF; PROVIDING FOR 1 Minutes of Regular Session Held Thursday, October 13, 1994 RETENTION OF TEN (10) PARKING SPACES WITHIN PARCEL "A" AS SET FORTH ON PUD EXHIBITS NOW ON FILE WITH THE VILLAGE; PROVIDING FOR CONVERSION OF SEVEN (7) COMMERCIAL BOAT SLIPS WHICH ABUT PARCEL "A" TO PRIVATE SLIPS TO BE OWNED AND MAINTAINED BY THE OWNERS OF PARCEL A; PROVIDING FOR SPECIAL CONDITIONS; 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 Kelley seconded the motion, and all present voted aye. BILL 761 - HARBOUR POINT MARINA P.U.D. AMENDMENT -PARCEL "D" - PLACRD ON FIRST READING Councilman Kelley moved that Bill 761 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 6-94 WHICH CREATED A PLANNED UNIT DEVELOPMENT KNOWN AS "HARBOUR POINT MARINA" BY APPROVING THE DEVELOPMENT OF TWENTY-FOUR (24) TOWNHOMES ON 3.420 ACRES DESIGNATED AS PARCEL "D" IN ACCORDANCE WITH THAT CERTAIN PLAN CONSISTING OF ONE (1) SHEET PREPARED BY GBSH ARCHITECTS, INC. (UNDATED) ATTACHED AND MADE A PART HEREOF; PROVIDING FOR CONVERSION OF TWENTY-FOUR (24) COMMERCIAL BOAT SLIPS TO PRIVATE SLIPS TO BE OWNED AND MAINTAINED BY THE OWNERS OF PARCEL "D"; 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. Vice Mayor Atwater seconded the motion. During discussion, the Council directed that the same special conditions that were applied to Parcel "A" be applied to Parcel "D". Restrictions regarding the rental of boat slips and live- aboards are to be included in the P.U.D. ordinance for both Parcel "A" and "D", as well as the requirement for a five (5) foot public sidewalk constructed on Monet Road for both parcels. Mr. Baldwin reported that the homeowners' documents had been submitted for his review, and he will forward those to the Village Council. Thereafter, the. motion to place on first reading passed 5-0. 1 c 1 1 Minutes of Regular Session Held Thursday, October 13, 1994 RESOLUTION 42-94 ADOPTED - AUTHORIZING AGREEMENT WITH ("ABLE TELEVISION CONSULTANT Councilman Kelley moved that Resolution 42-94 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 LETTER AGREEMENT WITH LEIBOWITZ & ASSOCIATES, P. A. DATED JUNE 16, 1994, ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF SECURING LEGAL REPRESENTATION IN THE AREA OF CABLE TELEVISION RELATED MATTERS; AND, PROVIDING FOR AN -EFFECTIVE DATE be adopted. Vice Mayor Atwater seconded the motion. The motion passed 3-2, with Councilman Kelley, Vice Mayor Atwater and Mayor Vastola voting aye, and Councilman Valente and President Pro Tem Marks voting nay. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:10 p.m. thleen F. Kelly, CMC, V''rage Clerk