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02-12-1970 VC REG-MMINUTES OF REGULAR MEETING _ OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, FEBRUARY 12, 1970 Present: Thomas F. Lewis; Mayor Thomas R. Bell, Vice-Mayor Allan V. Everard, Councilman H. Mallory Privett, Jr., Councilman_ Herbert A. Watt, Councilman - Herbert L. Gildan, Village Attorney- _ Lawrence J. Robbins, Village Manager- - Dolores R. Walker, Village Clerk Mayor Lewis called the Regular Meeting to.order at ROLL CALL 8:20 p.m. and asked the Clerk to call the roll, all members being present. _ Councilman Privett gave the invocation and Vice-Mayor INVOCATION & _ Bell led the Council and the public in the Pledge of PLEDGE.. OF Allegiance to the Flag. ALLEGIANCE On motion of Vice-Mayor Be11, seconded by Council- 1/22/70 MINUTES man Watt, all present voting aye, the minutes of OF REG. MEETING Regular Meeting held Thursday, January 22; 1970 were APPROVED approved as written. Mayor Lewis presented the awards to winners of the PRESENTATION OF Christmas Decoration Contest who were present to AWARDS BY MAYOR accept them. The checks will be mailed to those TO-WINNERS IN winners not in attendance. CHRISTMAS DEC. CONTEST Mr. Norman Robson asked that his check. be donated to the youth center at the country club. Mayor Lewis stated he had received a-letter from Lake LETTER TO MAYOR - Lytal congratulating the Council for its Resolution FROM LAKE LYTAL - opposing the proposed development north of Pratt & Whitney. Mayor Lewis read letter he had sent to Dr. A. D. MAYOR'S LETTER Thorp, Chairman of the Palm Beach County School TO DR. THORP Board, indicating his displeasure with the present RE PRESENT DE- desegregation plan under consideration, and sub- SEGREGATION PLAN muting his name for assignment to a board-appointed -_ committee to establish a desegregation plan in the interest of all concerned. The Mayor stated that he feels it is necessary to go on record for what you think is right and at the same time offer your ser- vices to assist. Mayor Lewis referred to latter Council had received LETTER FROM W. L. from W. L. Gorton, Division Vice President and General GORTON, P & W, Manager of Pratt & Whitney Aircraft, Florida R & D IN APPRECIATION Center, dated February 2, 1970, in appreciation of OF COUNCIL'S the Resolution adopted by the Council opposing plans RESOLUTION for a large residential community adjacent; to Pratt _ --_ & Whitney's Palm Beach County plant site. Minutes of Regular Meeting Held Feb. 12, 1970 Page 2 Mayor Lewis stated that he had sent a wire; to Lynwood Arnold in Tallahassee on February 9, 1970, indicating Council's strong endorsement of House Bill 3359 which would require an equitable distribution of the road and bridge funds by the sixty-seven counties of the State of Florida for the maintenance of municipal streets. On motion of Councilman Watt, seconded by :Councilman Privett, all present voting aye,-the minutes of Rec- reation Advisory Board meeting held January 27, 1970, and the minutes of Regular Meeting of Planning and Zoning Advisory Board held February 10, 1970 were accepted by Council. The Minutes of Regu],ar Meeting of Planning and Zoning Advisory Board held February 10, 1970 were read in total by the Clerk. Mr. Mike Diver presented a petition containing 670 signatures of Village residents urging the Council to correct the zoning in certain areas of the Village to single family residential - R-1:. These areas are as follows: 1. Area east of western shore of Lake Worth. 2. Area north of Prosperity Harbor including the submerged land of said harbor. 1 ~j 3. Area in northwest corner of Plat 6 presently proposed for a, 12-story condominium. The petition also urged Council to place a height limitation of four stories on multiple family housing if said housing is within 500 feet of a single family dwelling. On motion of Councilman Watt, seconded by Councilman Privett, all present voting aye, Bill No. ;76 entitled AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REGULATING ANIMALS AND FOWL IN THE VILLAGE OF NORTH PALM BEACH, PROHIBITING CERTAIN ANIMALS OR FOWL TO BE KEPT IN THE VILLAGE LIMITS, PROVIDING FOR REGISTRATION, INOCULATION AND LICENSING OF ANIMALS, REQUIRING LEASHES ON CERTAIN ANIMALS, SETTING FORTH RESTRICTIONS ON RUNNING AT LARGE OR ANIMALS AS NUISANCES AND SETTING FORTH PENALTIES FOR THE VIOLATION OF THIS ORDINANCE wa.s placed on second reading and read by title only. MAYOR LEWIS' WIRE TO L. ARNOLD RE ROAD & BRIDGE FUNDS 1/27/70 MIN. OF REC. AD. BD. MEETING & 2/10/70 MIN. QE P & Z AD. BD:--MEETING ACCEPTED PETITION FROM RESIDENTS RE CERTAIN ZONING IN VILLAGE BILL N0. 76 PLACED ON 2ND READING & READ BY TITLE ONLY On motion of Councilman Privett, seconded .by Council- BILL N0. 76 man Watt, that Bi11 No. 76 be adopted as Ordinance No. ADOPTED AS ORD. N0. 206-70. 206-70 On motion of Councilman Privett, seconded ,by Council- .ORD. N0. 206-70 man Watt, all present voting aye, that Ordinance. AMENDED No. 206-70 be'amended on page four and five as discussed in several workshop sessions and that Clerk read the proposed changes. (Proposed changes were;rea.d in total by the Village Manager). - Minutes of Regular Meeting Held Feb. 12, 1970 Page 3 After the Village Manager read the proposed changes and -- before adoption, Councilman Privett proposed, and Council concurred, an additional amendment as follows• That the words "running at large" be deleted from the ' title of Section 10. On motion of Councilman Privett, seconded:by Council- ORD. NO. 206-70 man Watt, all present voting aye, that Ordinance No. ADOPTED AS 206-70 be adopted as amended. AMENDED. Before second reading, Councilman Privett :proposed, SENTENCE ADDED and Council concurred, that the following sentence TO END OF SEC. 4 be added to the end of Section 4 of Bill No. 83: . OFBILL_N0, 83 "However, no plantings existing as of the .date of this Ordinance may be removed without the permission _ of the property owner adjacent to the swale within five years of the date of this Ordinance unless the planting is interfering with drainage or utility lines." _ On motion of Councilman Privett, seconded by Council- BILL N0, 83 man Watt, all present voting aye, that Bill No. 83 PLACED ON 2ND entitled: READING & READ BY TITLE ONLY AN ORDINANCE OF THE VILLAGE OF NORTH :PALM BEACH, FLORIDA, SETTING FORTH THE VARIETY, LOCATION AND NUMBER OF TREES TO BE PLANTED IN THE SWALE AREAS OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ' be placed on second reading and read by title only. On motion of Councilman Privett, seconded by Council- BILL N0, 83 man Watt, that Bi11 No. 83 be adopted as Ordinance ADOPTED AS ORD. No. 207-70. _ N0. 207-70 On motion of Councilman Privett, seconded by Council- ORD. N0. 207-70 man Watt, all present voting aye, that Ordinance No. AMENDED . 207-70 be amended as follows: That in the. last sentenee on page one., "in" be changed to "near." In Exhibit 1 under Country Club Addition, that "Marlin Road" and "Adonidia Pa1msTM be stricken from the exhibit. On motion of Councilman Privett, seconded by Council- ORD. N0. 207-70 man Watt, all present voting aye, .that Ordinance No. ADOPTED AS 207-70 be adopted as amended. AMENDED On motion of Councilman Privett, seconded by Council- BILL N0, 87 man Watt, all present voting aye, Bi11 No.:87 entitled: PLACED ON 1ST READING & READ AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, IN FULL FLORIDA, AMENDING ORDINANCE N0. 20, AS HERETOFORE AMENDED, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID VILLAGE, BY ADOPTING A NEW OFFICIAL ZONING MAP, BY PROVIDING FOR THE METHOD OF AMENDING THE ZONING MAP AND FOR IDENTIFYING THE OFFICIAL ZONING MAP OF THE VILLAGE, AND BY CLARIFYING OR RECLASSIFYING CERTAIN PROPERTY AS R-1, SINGLE FAMILY RESIDENTIAL DISTRICT, INCLUDING ALL PROPERTY LYING EAST OF THE WATERS OF LAKE WORTH WITHIN THE VILLAGE OF NORTH PALM BEACH AND CERTAIN PROPERTY LYING NORTH OF TEAL WAY WEST OE THE NORTH PALM BEACH WATERWAY IN THE VILLAGE OF NORTH PALM BEACH; BY PROVIDING FOR THE REPEAL OF .ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES Minutes of Regular Meeting Held Feb. 12, 1970 Page 4 ii wa,s placed on first reading and read in full. There will be a Public Hearing on Bill No. 87, Monday, PUB. HEARING ON March 2, 1970 at 7:30 p.m. in the council chambers BILL 87 3/2/70 of the Village Hall. At this point of the meeting, Mr. Ronald Sales asked to be recognized by the Chair. He posed several questions relative to Bill No. 87, which questions were answered by the Chair. Mr. Clair Andersen then asked to be recognized by the Chair, and stated that in deference of time, he would reserve his remarks until the Public Hearing on Bill No. 87. On motion of Councilman Privett, seconded .by Vice-Mayor Bell, all present voting aye,-Bill No. 88 entitled• AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 20, AS HERETOFORE AMENDED, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID VILLAGE, BY RESTRICTING THE HEIGHTS OF BUILDINGS LOCATED WITHIN 500 FEET OF AN R-1, SINGLE FAMILY DWELLING DISTRICT, TO NOT MORE THAN FOUR STORIES OR SIXTY FEET IN HEIGHT was placed on first reading and read in full. There caill be a Public Hearing on Bi11 No. 88, Monday, March 2, 1970 at 8:30 p.m. in the council chambers of the Village Hall. On motion of Councilman Privett, seconded by Councilman Watt, all present voting aye, Bill No. 89 entitled: R. SALES POSED QUESTIONS RE BILL NO. 87 C. ANDERSEN RE- SERVES REMARKS UNTIL PUBLIC HEARING ON BILL 87 BILL N0. 88 PLACED ON 1ST READING & READ IN FULL PUB. HEARING ON BILL 88 3/2/70 BILL N0. 89 TABLED AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CONCERNING THE CONSTRUCTION OF DOCKS AND WHARVES IN THE WATERWAYS, LAGOONS'AND LAKES IN _ THE VILLAGE OF NORTH PALM BEACH was tabled until Council's workshop of February 19, 1970. " On motion of Councilman Watt, seconded by Councilman BILL N0. 90 Privet°t, all present voting aye, Bill No. 90 entitled: PLACED ON 1ST READING & READ AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, IN FULL FLORIDA, AMENDING THE SOUTHERN STANDARD BUILDING CODE, AS ADOPTED BY THE VILLAGE OF NORTH PALM BEACH, BY REPEALING SECTION 106.6 OF SAID CODE, WHICH WILL PROHIBIT THE ISSUANCE OF SPECIAL PERMITS FOR FOUNDATIONS ON BUILDINGS was placed on first reading and read in full. On motion of Councilman Privett, seconded by Council- RES. N0. 435-70 man Watt, all present voting aye, proposed_Resolution ADOPTED No. 435-70 entitled: Minutes of Regular Meeting Held Feb. 12, 1970 Page 5 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, SUPPORTING A BAN ON DREDGING, - FILLING OR SALE OF BOTTOM LANDS IN LAKE WORTH ' was read in full and adopted as-read as Resolution No. 435-70. Mr. Clair Andersen, Assistant to Chairman ,of the Board, C. ANDERSEN & Bankers Life and Casualty Company, asked to be recog- L. TAYLOR nized by the Chair to call to the attention of the APPROACH CHAIR Council that Bankers Life and Casualty Company is the RELATIVE TO owner of approximately 1,400,000 cubic yards of fill in RES. N0. Lake Worth that are still left in the bed .of said lake. 435-70 Mr. Luther Taylor, Continental Con-Dev Corporation, approach- ed the Chair inquiring if the Village proposes to honor prior commitments on the matter of dredge and fill. When the Chair inquired of Mr. Taylor what specific commitments he referred to, he stated he did not want to mention any particular area or situation as this time. On motion of Councilman Watt, seconded by Vice-Mayor REQ. N0. 436-70 Bell, all present voting aye, proposed Resolution No. ADOPTED 436-70 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, REQUESTING THE PALM BEACH COUNTY HEALTH DEPARTMENT TO REVIEW THE FACILITIES OF THE NORTH PALM BEACH SEWER PLANT TO HANDLE ' PROPOSED SEWAGE FROM CONDOMINIUM AND OTHER BUILDING IN THE VILLAGE OF NORTH PALM BEACH, FLORIDA was read in full and adopted as read as Resolution No. 436-70. On motion of Vice-Mayor Be11, seconded by 'Councilman PROPOSED RES. Watt, that proposed Resolution No. 437-70 entitled: N0. 437-70 A RESOLUTION OF THE VILLAGE COUNCIL OI' NORTH PALM BEACH, FLORIDA, AUTHORIZING AND ,DIRECTING THE VILLAGE ATTORNEYS TO INSTITUTE LEGAL PRO- CEEDINGS CONCERNING LOTS 1, 2, 3 AND 4, BLOCK 54, PLAT N0. 6 OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA be adopted as read. Again, at this point of the meeting, Mr. Ronald Sales ask- ed to be recognized by the Chair and posed several questions relative to proposed Resolution No. 437-70. These questions were answered by the Chair,. ' On motion of Councilman Privett, seconded by Council- RES. NO. 437-70 man Watt, all present voting aye, that proposed AMENDED Resolution No. 437-70 be amended as follows: That the fourth "Whereas" be stricken in total from the Resolution. On motion of Vice-Mayor Bell, seconded by Councilman RES. N0. 437-70 Watt, all present voting aye, that proposed Resolution ADOPTED AS No. LF37-70 be adopted as amended as Resolution No. AMENDED No. 437-70. Minutes of Regular Meeting Held Feb. 12, 1970 Page 6 On motion of Vice-Mayor Bell, seconded by Councilman Watt, that proposed Resolution No. 438-70 entitled: ' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE GENERAL ELECTION TO BE HELD ON MARCH 17, 1970; 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 as read. On motion of Councilman Privett, seconded.by Vice- Mayor Bell, all present voting aye, that proposed Resolution No. 438-70 be amended as follows: Add Precinct No. 50 in addition to Precinct No. 52 in all places of voting, inspectors, clerks, etc. On motion of Vice-Mayor Be11, seconded by Councilman Watt, all present voting aye, proposed Resolution No. 438-70 was adopted as amended as Resolution No. 438-70. PROPOSED RES. N0. 438-70 RES. N0. 438-70 AMENDED RES. N0. 438-70 ADOPTED AS AMENDED On motion of Councilman Watt, seconded by ,Council- PROPOSED RES. man Privett, all present voting aye, proposed N0. 439-70 ' Resolution Na. 439-70 entitled; A RESOLUTION OF THE VILLAGE COUNCIL dF NORTH TABLED PALM BEACH, FLORIDA, AUTHORIZING RELEASE OF REMAINING MONEYS HELD IN SUBDIVISION AND PLATTERS ESCROW AGREEMENT DATED NOVEMBER 6, 1968 was tabled until CouncilTs workshop meeting of February 19, 1970. Village Manager read highlights of Village: and VILLAGE & NPBCC North Palm Beach Country Club financial statements FINANCIAL STATE- for period ending December 31, 1969. On motion of _ MENTS FOR 12/3 1/69- Vice-Mayor Bell, seconded by Councilman Watt, all . ACCEPTED present voting aye, that these two statements be accepted by Council and that a true copy of each be at~ta.ched to the minutes of this meeting. _ Village Manager read highlights of Building Depart- BLDG. DEPT. ment Report for January 1970. REPORT-FOR JAN. Village Manager read highlights of Report from REPORT FROM DIR. Director of Public Safety for January 1970. _ OB PUB. SAFETY FOR JAN. Village Manager read North Palm Beach Public NPB LIBRARI~ Library Report for January 1970. REPORT_FOR JAN. Mayor Lewis read letter from John DuBose, Director, LETTER FROM IIF Field Operations Division of Board of Trustees of the RE PURPORTED _ -- Internal Improvement Fund of the State of Florida, FILLING OPERATION which was sent to the Village Manager under date of IN LAKE WORTH February 11, 1970, indicating that the Trustees believe that a filling operation is taking place on the east shore of Lake Worth. Minutes of Regular Meeting Held Feb. 12, 1970 Page 7 On motion of Vice-Mayor Bell, seconded by Councilman Watt, all present voting aye, that Village Manager be authorized to accept bid of RCA for total package not to exceed $2,090.00, which is the low 'bid, for a mobile unit and a base station. On motion of Councilman Watt, seconded by Vice-Mayor Bell, all present voting aye, that Village Manager be authorized to award the bid to Washington National Insurance Company for Group Health and AD :& D in- surance. On motion of Councilman Privett, seconded by Council- s man Watt, all present voting aye, that we accept Mr. Walter K. Wiggs' resignation from the .Planning --- and Zoning Advisory Board_ On motion of Councilman Privett, seconded by Council- man Watt, all present voting aye, that the study of these site plans, etc. be done at the first available workshop where the agenda permits. ~I i~ There being no further business to come before the Council, on motion of Councilman Watt, seconded by Vice-Mayor Bell, all present voting aye, the meeting wa,s adjourned at 11:20 p.m. Minutes recorded by; Dolores R. Walker, Village Clerk BID FOR MOBILE UNIT_AND BASE STATION AWARDED TO RCA BID AWARDED TO WASHINGTON NATIONAL INS. CO. FOR GROUP HEALTH & AD & D INSURANCE COUNCIL ACCEPTS MR. WIGGS' RESIGNATION FROM P & Z AD. BD. SITE PLANS TO BE STUDIED AT FUTURE WORKSHOP ADJOURNMENT