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06-28-1990 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JUNE 28, 1990 Present: V. A. Marks, M.D., Mayor --- Jerry G. Gardner, Vice Mayor ' Judy M. Pierman, President Pro Tem Manny Grinn, Councilman Al Moore, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Dolores R. Walker, Village Clerk ROLL CALL Mayor Marks called the Regular Session to order at 7:30 p.m. All members of the Council and the staff were present.- INVOCATION AND PLEDGE OF ALLEGIANCE President Pro Tem Pierman gave the invocation and Councilman Moore led the Council and the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following minutes were approved as written: Minutes of Public Hearing on Zoning Changes held Thursday, June 14, 1990 Minutes of Regular Session held Thursday, June 14, 1990 PRESENTATION OF PLAQUES Mayor Marks, on behalf of the Village, presented plaques to the following persons in recognition of their service to the Village: Alice Bachman, Donald Small, William Young and Margaret Williams. MOTION REGARDING APPROVAL OF COUNCIL WORKSHOP MEETINGS Councilman Grinn moved that, in the future, workshop meetings of the Council be approved. The motion was seconded by Vice Mayor Gardner. After discussion Vice Mayor Gardner moved to table the motion. The motion to table died for lack of a second. Thereafter Council voted on the original motion which failed 1-4, with Councilman Grinn voting aye, and Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Moore voting nay. ACCEPTANCE OF MINUTES The following minutes were accepted as written: ' Minutes of Special Recreation Advisory Board Meeting held June 1, 1990 Minutes of Recreation Advisory Board Meeting held June 12, 1990 Minutes of Country Club Advisory Board Meeting held June 12, 1990 RECOMMENDATIONS OF ADVISORY BOARDS Councilman Grinn made the following motion: Minutes of Regular session Held Thursday, June 28, 1990 "People are allowed to bring to the municipal Country Club pool personal, non-commercial type containers such as coolers and picnic baskets for transport and ultimate consumption of prepared food and drink for their own, not-for-sale, use. Cooking appliances such as grills, coffee urns, etc. are prohibited. ' The area that may be used is restricted to a certain distance from the perimeter of the pool as determined by the Palm Beach County Health Department and such restriction should be prominently displayed. The people taking advantage of this privilege must leave the areas used in a cleaned condition subject to the supervision of the management personnel of the pool. It is a goal of the pool management to keep the pool area as a clean and sanitary environment. Management personnel may restrict the privilege if that goal is threatened." Mayor Marks called the motion out of order. Councilman Moore moved to accept the recommendation of the Recreation Advisory Board that the old policy (in effect prior to the Kelly letter of February 6) of allowing individuals to bring in coolers and prepared foods for their use while within the pool area, under the supervision of the Pool Manager, be continued. Mayor Marks passed the gavel to Vice Mayor Gardner and seconded the motion. The motion passed 3-2, with Mayor Marks, Councilman Moore and Councilman Grinn voting aye and Vice Mayor Gardner and President Pro Tem Pierman voting nay. Vice Mayor Gardner returned the gavel to Mayor Marks. Councilman Grinn moved to accept the recommendation of the Recreation Advisory Board that they move forward with striping the parking lot at the Country Club, as per the Board's recommendation to Council on 3/13/90 and approved by Council on 4/24/90. The motion was seconded by President Pro Tem Pierman and passed 4-1, with Vice Mayor Gardner, President Pro Tem Pierman, Councilman Moore and Councilman Grinn voting aye and Mayor Marks voting nay. Councilman Moore moved to accept the recommendation of the Recreation Advisory Board that a fee be charged for the use of the pool deck by a concessionaire for a private function. The motion was seconded by Councilman Grinn and all present voted aye. Councilman Moore moved to disapprove the recommendation of the Country Club Advisory Board that a summer golf package be established for $17.95, beginning immediately and continuing through the end of September, with promotional advertising - 2/3 of the cost paid by Club, and 1/3 of the cost paid by Mr. Van Scheffelaar. Times must be included in the ad. Package must be sold to two players per cart. Available all day Monday, Thursday, and Friday, and after 12:30 on Tuesday, Wednesday, Saturday and Sunday. 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. RECESS The meeting was recessed at 8:45 p.m. and was reconvened at 8:58 p.m. BILL 601 PLACED ON SECOND READING & ADOPTED AS ORD. 15-90 Councilman Moore moved that Bill No. 601 entitled: Minutes of Regular Session Held Thursday, June 28, 1990 AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX B - SUBDIVISIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 36-6, [DEFINITION OF TERMS]--SPECIFIC TERMS; AMENDING SECTION 36-10, PRELIMINARY PLAT PROCEDURE; CREATING SECTION 36-29.1, BIKEWAYS; AMENDING SECTION 36-31, STORM WATER MANAGEMENT; AMENDING SECTION 36-32, UTILITIES; AMENDING SECTION 36-38, ERECTION OF BUILDINGS AND ISSUANCE OF PERMITS; CREATING SECTION 36-38.1, LAND CLEARING/VEGETATION AND WILDLIFE PROTECTION AND PRESERVATION; 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. The motion was seconded by President Pro Tem Pierman and all present .voted aye. President Pro Tem Pierman moved that Bill No. 601 be adopted as Ordinance No. 15-90. The motion was seconded by Vice Mayor Gardner and all present voted aye. LL 603 PLACED ON SECOND READING & ADOPTED AS ORD. 16-90 Vice Mayor Gardner moved that Bill No. 603 entitled: AN ORDINANCE OF THE VILLAGE OE NORTH PALM BEACH, FLORIDA TO BE KNOWN AS THE VILLAGE OF NORTH PALM BEACH ADEQUATE PUBLIC FACILITIES (CONCURRENCY) ORDINANCE; PROVIDING FOR SHORT TITLE, AUTHORITY AND APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING GENERAL REQUIREMENT THAT ADEQUATE PUBLIC FACILITIES BY AVAILABLE CONCURRENT WITH DEVELOPMENT; PROVIDING MANAGEMENT AND MONITORING PROGRAM, ANNUAL PUBLIC FACILITIES UPDATE REPORT, CAPITAL IMPROVEMENTS ELEMENT, ANNUAL BUDGET; PROVIDING THE REGULATORY PROGRAM TO ENSURE ADEQUATE PUBLIC FACILITIES ARE AVAILABLE; PROVIDING FOR LIBERAL CONSTRUCTION, SEVERABILITY, AND PENALTIES; PROVIDING FOR EFFECTIVE DATE. be placed on second reading and read by title alone. The motion was seconded by Councilman Moore and all present voted aye. President Pro Tem Pierman moved that-Bill No. 603 be adopted as Ordinance No. 16-90. The motion was seconded by Vice Mayor Gardner and all present voted aye. BILL NO. 604 PLACED ON SECOND READING & ADOPTED AS ORD. 17-90 President Pro Tem Pierman moved that Bill No. 604 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-2 OF ARTICLE I, IN GENERAL, OF APPENDIX C- ZONING OF THE CODE OF ORDINANCES; AMENDING SECTION 45-27, SECTION 45-28 AND SECTION 45-32 OF ARTICLE III, DISTRICT REGULATIONS OF APPENDIX C - ZONING OF THE CODE OF ORDINANCES; 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. The motion was seconded by Vice Mayor Gardner and all present voted aye. President Pro Tem Pierman moved that Bill No. 604 be adopted as Ordinance No. 17-90. The motion was seconded by Vice Mayor Gardner and all present voted aye. BILL NO. 605 PLACED ON SECOND READING & ADOPTED AS ORD. 18-90 3 Minutes of Regular Session Held Thursday, June 28, 1990 Councilman Moore moved that Bill No. 605 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE VILLAGE OF NORTH PALM BEACH CODE, LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS, TO CREATE AN OCCUPATIONAL LICENSE FOR A COMMUNITY RESIDENTIAL HOME; 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. The motion was seconded by Vice Mayor Gardner and all present voted aye. Councilman Moore moved that Bill No. 605 be adopted a& Ordinance No. 18-90. The motion was seconded by President Pro Tem Pierman and all present voted aye. BILL NO. 606 PLACED ON SECOND READING & ADOPTED AS ORD. 19-90 Vice Mayor Gardner moved that Bill No. 606 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA TO BE KNOWN AS THE VILLAGE OF NORTH PALM BEACH URBAN SERVICE AREA ORDINANCE; PROVIDING FOR SHORT TITLE AND AUTHORITY; PROVIDING FOR THE ESTABLISHMENT OF AN URBAN SERVICE AREA IN THS VILLAGE OF NORTH PALM BEACH; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. be placed on second reading and read by title alone. The motion was seconded by President Pro Tem Pierman and all present voted ' aye. President Pro Tem Pierman moved that Bill No. 606 be adopted as Ordinance No. 19-90. The motion was seconded by Councilman Moore and all present voted aye. BILL NO. 607 PLACED ON FIRST READING Vice Mayor Gardner moved that Bill No. 607 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA IN ORDER TO MAKE THE OFFICIAL ZONING MAP CONSISTENT WITH THE 1989 VILLAGE OF NORTH PALM BEACH, FLORIDA COMPREHENSIVE PLAN; PROVIDING FOR THE REPEAL OF 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. Councilman Grinn moved to amend the motion as follows: Remove in the third Whereas "and for-Little Munyon Island"; and remove the third paragraph of Section 1. The motion was seconded by Councilman Moore and all present voted aye. ' Thereafter Council voted on the main motion, as amended. All present voted aye. BILL 608 PLACED ON SECOND READING & ADOPTED AS ORD. 20-90 Councilman Moore moved that Bill No. 608 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-16 OF ARTICLE II AND CREATING SECTION 45- 32.2 OF ARTICLE III OF APPENDIX C-ZONING, OF THE CODS OF 4 Minutes of Regular Session Held Thursday, June 28, 1990 ORDINANCES OF THE VILLAGE IN ORDER TO MAKE THE ZONING DISTRICT DESIGNATIONS CONSISTENT WITH THE 1989 VILLAGE OF NORTH PALM BEACH, FLORIDA COMPREHENSIVE PLAN: 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. The motion ' was seconded by Vice Mayor Gardner. Councilman Moore moved to amend the motion as follows: on page 2 of Bill No. 608, under B. Uses Permitted, add permitted use #7, which shall read: "7. Residential and administrative buildings for the protection of the C-OS District." The motion was seconded by Vice Mayor Gardner and all present voted aye. Thereafter Council voted on the main motion, as amended. All present voted aye. Councilman Moore moved that Bill No. 608 be adopted as Ordinance No. 20-90. The motion was seconded by Vice Mayor Gardner and all present voted aye. BILL NO. 609 PLACED ON SECOND READING & ADOPTED AS ORD. 21-90 Councilman Moore moved that Bi11 No. 609 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-2, DEFINITIONS, OF ARTICLE I OF APPENDIX C-ZONING TO INCLUDE A DEFINITION FOR XERISCAPE AND SECTION 45- 36, GENERAL PROVISIONS OF ARTICLE III APPENDIX C - ZONING OF THE CODE OF ORDINANCES PROVIDING FOR XERISCAPE LANDSCAPING ' PRACTICES; PROVIDING FOR THS 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. The motion was seconded by President Pro Tem Pierman and all present voted aye. President Pro Tem Pierman moved that Bill No. 609 be adopted as Ordinance No. 21-90. The motion was seconded by Councilman Moore and all present voted aye. BILL 610 PLACED ON SECOND READING & ADOPTED AS ORD. 22-90 Councilman Moore moved that Bill No. 610 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OR ORDINANCES BY ADDING ARTICLE XI, SECTION 19-220 AND 19-221 RELATING TO WELLFIELD PROTECTION TO CHAPTER 19, OFFENSES, MISCELLANEOUS PROVISIONS; 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. The motion was seconded by Vice Mayor Gardner and all present voted aye. ' President Pro Tem Pierman moved that Bill No. 610 be adopted as Ordinance No. 22-90. The motion was seconded by Vice Mayor Gardner and all present voted aye. BILL NO. 611 PLACED ON SECOND READING & ADOPTED AS ORD. 23-90 Councilman Moore moved that Bill No. 611 entitled: 5 Minutes of Regular Session Held Thursday, June 28, 1990 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-2 OF ARTICLE I, IN GENERAL, SECTIONS 45- 31, 45-32 AND 45-33 OF ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES; 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. The motion was seconded by President Pro Tem Pierman and all present voted aye. Councilman Moore moved that Bill No. 611 be adopted as Ordinance No. 23-90. The motion was seconded by Vice Mayor Gardner and all present voted aye. BILL NO. 612 PLACED ON SECOND READING & ADOPTED AS ORD. 24-90 Councilman Grinn moved that Bill No. 612 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C- ZONING, OF THE CODE OF ORDINANCES BY ADDING SECTION 45-37, HISTORIC SITE OVERLAY DISTRICT; 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. The motion was seconded by Vice Mayor Gardner and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. Councilman No. 24-90. Grinn moved that The motion was Bill No. 612 be adopted as Ordinance seconded by Vice Mayor Gardner and ' passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. BILL 613 PLACED ON SECOND READING & ADOPTED AS ORD. 25-90 Councilman Moore moved that Bill No. 613 entitled: AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING SECTION 45-35.2.C., COASTAL ZONE PROTECTION, OF ARTICLE III APPENDIX C-ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE, ADOPTING PALM BEACH COUNTY ORDINANCE 90-2, COASTAL ZONE PROTECTION ORDINANCE, BY REFERENCE; 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. The motion was seconded by President Pro Tem Pierman and all present voted aye. President Pro Tem Pierman moved that Bill No. 613 be adopted as ordinance No. 25-90. The motion was seconded by Vice Mayor Gardner and all present voted aye. ' BILL 614 PLACED ON SECOND READING & ADOPTED A5 ORD. 26-90 Councilman Moore moved that Bill No. 614 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1989-90 BY APPROPRIATION TRANSFER FROM COUNCIL CONTINGENCY TO THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT FOR PROFESSIONAL SERVICES 6 Minutes of Regular Session Held Thursday, June 28, 1990 be placed on second reading and read by title alone. The motion was seconded by Councilman Grinn and all present voted aye. Councilman Moore moved that Bill No. 614 be adopted as ordinance No. 26-90. The motion was seconded by Councilman Grinn and all present voted aye. BILL NO. 617 PLACED ON FIRST READING _ President Pro Tem Pierman moved that Bill No. 617 entitled: AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YERR 1989-90 BY APPROPRIATION TRANSFER FROM THE COUNCIL CONTINGENCY FOR SUMMER SCHOOL CROSSING GUARDS' SALARIES be placed on first reading and read by title alone. The motion was seconded by Councilman Grinn and all present voted aye. PROPOSED RESOLUTION NO. 18-90 NOT ADOPTED Councilman Grinn moved that proposed Resolution No. 18-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REJECTING A REQUEST FROM THS PALM BEACH COUNTY DEPARTMENT OF ENGINEERING AND PUBLIC WORKS TO PERFORM DRAINAGE AND ROADWAY IMPROVEMENTS TO VILLAGE STREETS, INCLUDING LIGHTHOUSE DRIVE, THAT INTERSECT WITH PROSPERITY FARMS ROAD AND PROVIDING FOR AN EFFECTIVE DATE be adopted. The motion died for lack of a second. RESOLUTION NO. 18-90 ADOPTED Vice Mayor Gardner moved that Resolution No. 18-90 entitled: A RESOLUTION OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR, VILLAGE CLERK AND VILLAGE ATTORNEY TO ENTER INTO A STIPULATED SETTLEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ATTACHED AS EXHIBIT "A" FOR THS PURPOSE OF BRINGING THS COMPREHENSIVE PLAN OF THE VILLAGE IN COMPLIANCE WITH STATE LAW; AND PROVIDING FOR AN EFFECTIVE DATE 1 be adopted. The motion was seconded by Councilman Moore and all present voted aye. RESOLUTION NO. 19-90 ADOPTED Councilman Moore moved that Resolution No. 19-90 entitled: A RESOLUTION OF THS VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, IN OPPOSITION TO THE PROPOSED REFERENDUM BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS FOR ADOPTION OF A ONE PERCENT ( 1 0 ) SALES TAX FOR A TEN YEAR PERIOD WITH TAX MONIES TO BS UTILIZED FOR FUNDING OF COURTS AND JAILS, ENVIRONMENTAL LAND AND ROAD PROGRAM; AND AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS AND PALM BEACH COUNTY MUNICIPAL LEAGUE, AND SUCH OTHER PERSONS AS THE MAYOR DIRECT, AND PROVIDING FOR AN EFFECTIVE DATE HEREOF be adopted. The motion was seconded by President Pro Tem Pierman and all present voted aye. 7 Minutes of Regular Session Held Thursday, June 28, 1990 RETIREMENT OF VILLAGE CLERK Councilman Moore moved to accept the retirement of Dolores R. Walker, Village Clerk, effective December 28, 1990. The motion was seconded by Vice Mayor Gardner and passed 4-1, with Mayor Marks, Vice Mayor Gardner, Councilman Moore and Councilman Grinn voting aye and President Pro Tem Pierman voting nay. ' ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:05 p.m. ,' CMC , fJ 8