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07-26-1990 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JULY 26, 1990 Present: V. A. Marks, M. D. Mayor ' Jerry G. Gardner, Vice Mayor Judy M. Pierman, President Pro Tem Al Moore, Councilman Manny Grinn, Councilman Charles R. O'Meilia, Acting Village Manager George Baldwin, Village Attorney Kathleen Kelly, Deputy Village Clerk Absent: Dennis W. Kelly, Village Manager Dolores R. Walker, Village Clerk ROLL CALL The meeting was called to order at 7:30 p.m. by Vice Mayor Jerry Gardner. All members of the Council were present except Mayor Marks, who arrived at 7:45 p.m. All members of the staff were present, except the Village Manager, who was out of the country, and the Village Clerk, who was out of the state. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Moore gave the invocation and President Pro Tem Pierman led the Council and the public in the Pledge of Allegiance to the Flag. ' APPROVAL OF MINUTES The Minutes of the Regular Session held July 12, 1990 were approved as written, after noting procedural errors in items 10.e and 12.c. REPORT OF THE MAYOR Vice Mayor Gardner added Harbour Tower Condominium fencing Agreement to the agenda as item 12.f. Item 12.a was placed before item ll.a. Vice Mayor Gardner passed the gavel to Mayor Marks upon his arrival. At Councilman Grinn's request, the letter from the County Administrator regarding the acquisition of Prosperity Farms Road was added as item 12.g on the agenda. ACCEPTANCE OF MINUTES The following minutes were accepted as written: ' Minutes of Police and Fire Pension Board held June 22, 1990 Minutes of Planning Commission Meeting held July 3, 1990 BILL NO. 616 PLACED ON FIRST READING Vice Mayor Gardner moved that Bill No. 616 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FOR A FINE IN AMOUNT OF $100.00 FOR STOPPING, STANDING OR PARKING IN HANDICAP PARKING SPACES IN VIOLATION OF SECTION 316.1955 AND SECTION 316.1956 OF THE FLORIDA STATUTES, Ppul~Y. l16 Minutes of Regular Session Held Thursday, July 26, 1990 WHICH SECTIONS PROVIDE FOR AND REGULATE HANDICAP PARKING BY GOVERNMENTAL AND NONGOVERNMENTAL ENTITIES; PROVIDING THAT ALL FINES ARE TO BE DEPOSITED IN A SEPARATE MUNICIPAL ACCOUNT AND UTILIZED TO DEFRAY EXPENSES FOR ADMINISTRATION, TO IMPROVE ACCESSIBILITY AND EQUAL OPPORTUNITY TO QUALIFIED PHYSICALLY DISABLED PERSONS IN THE VILLAGE OF NORTH PALM BEACH AND TO ' CONDUCT PUBLIC AWARENESS PROGRAMS IN THE VILLAGE CONCERNING PHYSICALLY HANDICAPPED PERSONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PRRTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. The motion was seconded by Councilman Grinn. Upon discussion, Councilman Moore moved to amend Bill No. 616 as follows: strike Section 2(a) and (b) regarding the disposition of fines collected. The motion was seconded by President Pro Tem Pierman and passed 4-1, with Mayor Marks, President Pro Tem Pierman, Councilman Moore and Councilman Grinn voting aye, and Vice Mayor Gardner voting nay. Thereafter, Council voted on the main motion, as amended, and all present voted aye. BILL NO. 618 PLACED ON SECOND READING AND ADOPTED AS ORD. 31-90 Vice Mayor Gardner moved that Bill No. 618 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR FISCAL ' YEAR 1989-90 TO APPROPRIATE FUNDS FOR AUTOMATED TEE-TIME SYSTEM be placed on second reading and read by title alone. Mayor Marks passed the gavel to President Pro Tem Pierman and seconded the motion. The motion passed 3 -2, with Mayor Marks, Vice Mayor Gardner and President Pro Tem Pierman voting aye, and Councilman Moore and Councilman Grinn voting nay. President Pro Tem Pierman returned the gavel to Mayor Marks. Vice Mayor Gardner moved to adopt Bill No. 618 as Ordinance No. 31- 90. The motion was seconded by President Pro Tem Pierman, and passed 3 - 2, with Mayor Marks, Vice Mayor Gardner, and President Pro Tem Pierman voting aye, and Councilman Moore and Councilman Grinn voting nay. BILL NO 620 PLACED ON FIRST READING Councilman Moore moved to place Bill No. 620 on the floor for discussion only. The motion died for lack of a second. Vice Mayor Gardner moved that Bill No. 620 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ' CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "HARBOUR POINT MARINA" UPON THOSE CERTAIN LANDS COMPRISING 13.66 ACRES 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; ALLOWING CONSTRUCTION AND DEVELOPMENT TO TAKE PLACE IN PHASES; PROVIDING FOR A CASH CONTRIBUTION AS A CONDITION FOR THE APPROVAL OF THE BOUNDARY PLAT; PROVIDING FOR PLAT APPROVAL; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER PRIOR TO ISSUANCE OF THE INITIAL A~9Ul~~`~136 2 Minutes of Regular Session Held Thursday, July 26, 1990 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 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 first reading and read by title alone. The motion was seconded by President Pro Tem Pierman. During discussion, Councilman Moore moved to amend the ordinance to add the stipulation that, wherever the Village Attorney thinks it's necessary regarding Exhibit "B", that the height restriction in this PUD shall be no higher than four (4) stories or forty (40) feet; and in Section 4 that "gross land" be stricken; and insert "$300,000 upon approval of the preliminary plat" as a cash contribution in 4 4, eliminating the payment schedule listed; also amend to delete Section 9; in all sections where number of years is blank that the years be placed in the ordinance before it is approved for first reading. The motion was seconded by President Pro Tem Pierman. Councilman Grinn moved that the amendment be divided into three different amendments. A vote was taken on the portion of the above motion by Councilman Moore restricting the height limitation to four (4) stories or forty (40) feet. All present voted aye. The portions of the amendment regarding the deletion of .the words "gross land", and the insertion of $300,000 cash contribution payable upon approval of the preliminary plat were seconded by Councilman Grinn. President Pro Tem Pierman moved to amend the amendment to read $150,000 instead of $300,000. Mayor Marks suggested that the amendment state $150,000 or 5% of the appraised value, whichever is greater. Vice Mayor Gardner was in agreement. President Pro Tem Pierman withdrew her motion to amend. Councilman Grinn withdrew his second to Councilman Moore's amendment, and Councilman Moore withdrew all of his original motion with the exception of the "four-stories or 40 feet" restriction, which had already been voted on, and moved that in lieu of the Petitioner dedicating five (5~) percent of the area of land, the Petitioner shall pay five percent (5%) of the appraised value of the total piece of property in cash and that this be payable upon approval of the preliminary plat, with the remainder of Section 4 to be reworded to reflect that. Councilman Grinn seconded the motion. After discussion with the Village Attorney, Councilman Moore changed the portion of his amendment relating to the five percent payment to state five percent (5~) of the appraised value or $150,000, whichever is greater. The motion was seconded by Councilman Grinn, and passed 4-1, with Mayor Marks, President Pro Tem Pierman, Councilman Moore and Councilman Grinn voting aye, and Vice Mayor Gardner voting nay. Councilman Moore then moved to delete Section 9 on page 4 of the ordinance. The motion failed for lack of a second. a.o,.,.~.,z. 3 Minutes of Regular Session Held Thursday, July 26, 1990 Staff was directed to obtain a professional appraisal on the 13.66 unimproved acres as it exists today as C-1. Mr. Larry smith, representing the developer, requested that the number of years that were blank in Section 7 of Page 4 of the ordinance be filled in with 3 years and 10 years, respectively, ' with an extension of one (1) year for good cause shown pertaining to commencement only. The vote on the original motion, as amended, was 4-1, with Mayor Marks, President Pro Tem Pierman, Councilman Moore and Councilman Grinn voting aye, and Vice Mayor Gardner voting nay. BUDGET TRANSFER - R & M MARINA Councilman Grinn moved to approve a request for transfer of funds from Council Contingency (A5540-49911) to Public Services R & M Marina {A8023-34627) in the amount of $24,000. President Pro Tem seconded the motion and all present voted aye. RESOLUTION NO. 20-90 ADOPTED Vice Mayor Gardner moved to adopt Resolution 20-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF LUCAS MARINE, ROBE SOUND, FLORIDA, FOR RECON5TRUCTION OF MARINA BOAT RAMP IN THE AMOUNT OF $27,946.00, FROM ACCOUNT NO. A8023-34627 (R & M MARINA) be adopted. The motion was seconded by President Pro Tem Pierman ' and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Moore voting aye, and Councilman Grinn voting nay. PROPOSED ACCESS ROAD TO ALLAMANDA SCHOOL Councilman Grinn moved to issue a certificate of preliminary plat approval. Councilman Moore seconded the motion. The motion passed 4-1, with Vice Mayor Gardner, President Pro Tem Pierman, Councilman Moore and Councilman Grinn voting aye, and Mayor Marks voting nay. BUDGET TRANSFER - SANITATION-GAS AND OIL Councilman Moore moved to approve a request for transfer of funds from Sanitation-Waste Disposal (A7020-34340) to Sanitation-Gas & Oil (A7020-35280) in the amount of $7,000. Vice Mayor Gardner seconded the motion, and all present voted aye. BUDGET TRANSFER - PROFESSIONAL SERVICES Councilman Moore moved to approve a request for transfer of funds from Council Contingency (A5540-49911) to Professional Services (A5206-33190) to pay for the preparation of Exhibit B of the Stipulated Settlement Agreement. President Pro Tem Pierman seconded the motion, and all present voted aye. ' INTERLOCAL AGREEMENT - 1/2 PERCENT SALES TAX Councilman Moore moved to oppose an Interlocal Agreement between the Village of North Palm Beach and Palm Beach County concerning a discretionary sales surtax of 1/2 percent. The motion was seconded by President Pro Tem Pierman, and passed 5-0. HARBOUR TOWER FENCE Councilman Moore moved to approve the expenditure of $1,190 from the fence account to build a 350' fence at Harbour Towers, a.a..,.,-.,s. 4 Minutes of Regular Session Held Thursday, July 26, 1990 1 conditional upon them signing the Agreement between the Village of North Palm Beach and Harbour Towers, as prepared by the Village Attorney. The motion was seconded by Vice Mayor Gardner, and all present voted aye. COUNTY ADMINISTRATOR REGARDING THE 1 Councilman Grinn moved that Council direct the Village Manager to draft a letter to the County Commission regarding the widening of Prosperity Farms Road. Vice Mayor Gardner gave a courtesy second to the motion for purposes of discussion. Councilman Grinn requested that a letter be sent asking the County to proceed with other municipalities' projects that are in demand and not proceed with the widening of Prosperity Farms Road. After discussion, it was the consensus of Council that the letter be directed to the County Commission from the Mayor and the Village Council, bearing all signatures. All present voted aye. There being no further business to come before Council, the meeting was adjourned at 10:20 p.m. a.,~,~r_,s. 5