1991 FEB 14MINUTES OF THE REGULAR SESSION
' OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, FEBRUARY 14, 1991
Present: V. A. Marks, M.D., Mayor
Jerry G. Gardner, Vice Mayor
Judy M. Pierman, President Pro Tem
Manny Grinn, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
Absent: Al Moore, Councilman
ROLL CALL
Mayor Marks called the Regular Session to order at 7:30 p.m. All
members of the Council were present except Councilman Moore, who
was out of town. All members of staff were present.
INVOCATION AND PLSDGS OF ALLEGIANCE
' Mayor Marks gave the invocation and Vice Mayor Gardner led the
Council and the public in the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTSS
The following minutes were approved as written:
Minutes of Special Meeting held January 22, 1991
Minutes of Regular Session held January 24, 1991
Minutes of Special Meeting held February 7, 1991
REPORT OF THE MAYOR __
Mayor Marks announced that Item 6c on the Workshop Agenda be moved
forward to the Regular Session agenda as Item 12h. Item 6d on the
Workshop Agenda was also moved forward to Regular as Item 10h.
Mayor Marks presented a plaque to Frank Young, for his ten years of
service on the Zoning Board of Adjustment.
Mayor Marks also presented a proclamation to Public Safety Director
Bruce Sekeres proclaiming February 10 - February 16 as Child
' Passenger Safety Awareness Week in the Village of North Palm Beach.
ACCEPTANCE OF MINUTES
The following minutes were accepted as written:
Minutes of Regular Session
' Held Thursday, February 14, 1991
Minutes of Planning Commission Meeting held January 8, 1991
Minutes of Country Club Administrative Board organizational
Meeting held January 22, 1991
Minutes of Planning Commission Meeting held February 5, 1991
REPORTS AND RECOMMENDATIONS
Councilman Grinn moved to receive and file the February 5, 1991
recommendation of the Planning Commission regarding the revised
project site plan for Sanctuary Bay. Vice Mayor Gardner seconded
the motion, and all present voted aye.
BILL 639 PLACED ON FIRST READING
Councilman Grinn moved that Bi11 639 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING SUBSECTION (a) OF SECTION 2-177 OF ARTICLE V2,
CODE ENFORCEMENT BOARD, OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE VILLAGE TO PROVIDE FOR THS BURDEN OF
' PROOF TO BE A PREPONDERANCE OF EVIDENCE RATHER THAN
BEYOND A REASONABLE DOUBT; 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
Gardner seconded the motion, and all present voted aye.
BILL 640 PLACED ON FIRST READING
Councilman Grinn moved that Bill 640 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
PROVIDING FOR THS ABOLITION OF THE NORTH PALM BEACH
COUNTRY CLUB ADVISORY BOARD; 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. President Pro
Tem Pierman seconded the motion, and all present voted aye.
BILL 642 PLACED ON FIRST READING
Vice Mayor Gardner moved that Bill 642 entitled:
' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
REZONING A PARCEL OF LAND ON PROSPERITY FARMS ROAD FROM
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' Minutes of Regular Session
Held Thursday, February 14, 1991
PALM BEACH COUNTY ZONING DISTRICT RM TO NORTH PALM BEACH
ZONING DISTRICT R-2 MULTIFAMILY
be placed on first reading and read by title alone. President Pro
Tem Pierman seconded the motion, and all present voted aye.
BILL 643 PLACED ON FIRST READING
President Pro Tem Pierman moved that bill 643 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
REZONING A PARCEL OF LAND ADJACENT TO PLAT 4 FROM PALM
BEACH COUNTY ZONING DISTRICT RM TO NORTH PALM BEACH
ZONING DISTRICT R-1 SINGLE FAMILY
be placed on first reading and read by title alone. Vice Mayor
Gardner seconded the motion, and all present voted aye.
BILL 644 PLACED ON FIRST READING
Vice Mayor Gardner moved that bill 644 entitled:
' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
REZONING FISHERMAN5 VILLAGE SUBDIVISION, FISHERMANS
VILLAGE SUBDIVISION 1ST ADDITION AND ONE ADJACENT PARCEL
OF LAND FROM PALM BEACH COUNTY ZONING DISTRICT RM TO
NORTH PALM BEACH ZONING DISTRICT R-2 MULTIFAMILY
be placed on first reading and read by title alone. The motion was
seconded by President Pro Tem Pierman, and all present voted aye.
BILL 646 PLACED ON FIRST READING
Vice Mayor Gardner moved that Bill 646 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
REZONING A 15.30 ACRE PARCEL OF LAND LOCATED NORTH OF
GARDEN LANE AND EAST OF PROSPERITY FARMS ROAD, WITHIN THE
VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO AND MADE A PART HEREOF FROM R-1 SINGLE
FAMILY DWELLING DISTRICT TO R-3 APARTMENT DWELLING
DISTRICT; 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. Mayor Marks
passed the gavel to President Pro Tem Pierman and seconded the
motion. The motion passed 3 - 1, with Vice Mayor Gardner, Mayor
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Minutes of Regular Session
' xeld Thursday, February 14, 1991
Marks and President Pro Tem Pierman voting aye, and Councilman
Grinn voting nay.
President Pro Tem Pierman returned the gavel to Mayor Marks.
BILL 647 PLACED ON FIRST READING
Vice Mayor Gardner moved that Bill 647 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA
CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "SANCTUARY
COVE" UPON THOSE CERTAIN LANDS COMPRISING 15.30 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
PLAN5 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;
PROVIDING FOR A PERIMETER LANDSCAPE PLAN WITH AUTOMATIC
IRRIGATION; PROVIDING FOR A CASH CONTRIBUTION AS A
CONDITION FOR THE APPROVAL OF THS BOUNDARY PLAT;
PROVIDING FOR PLAT APPROVAL; PROVIDING THAT ALL ROADWAYS
' WITHIN THE PLANNED UNIT DEVELOPMENT SHALL BE PRIVATE;
SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER
PRIOR TO ISSUANCE OF THS INITIAL BUILDING PERMIT;
PROVIDING FOR TIME OF COMMENCEMENT AND TIME OF COMPLETION
FOR THS PLANNED UNIT DEVELOPMENT; PROVIDING FOR APPROVAL
OF SIGNAGE AND TEMPORARY SALES CENTER BY THS 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 first reading and read by title alone. President Pro
Tem Pierman seconded the motion. The motion passed 3 - 1, with
Vice Mayor Gardner, President Pro Tem Pierman and Mayor Marks
voting aye, and Councilman Grinn voting nay.
SANCTUARY BAY PUD APPLICATION
A discussion was held- concerning Sanctuary Bay Planned Unit
Development application, per the Planning Commission recommendation
of February 5, 1991. The Village Attorney was directed to prepare
' an ordinance for first reading on February 28, 1991.
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Minutes of Regular Session
' Held Thursday, February 14, 1991
RESOLUTION 6-91 ADOPTED
President Pro Tem Pierman moved that Resolution No. 6-91 entitled
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE
GENERAL ELECTION TO BE HELD ON MARCH 12, 1991; NAMING THE
TIME AND PLACE WHERE SUCH ELECTION SHRLL BE HELD;
APPOINTING THE ELECTION OFFICIALS FOR THS GENERAL
ELECTION AND RUNOFF ELECTION; DECLARING THE OFFICES TO BE
FILLED AT SUCH ELECTION
be adopted. Vice Mayor Gardner seconded the motion, and all
present voted aye.
RESOLUTION 7-91 ADOPTED
Councilman Grinn moved that Resolution No. 7-9i entitled
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
APPOINTING A MEMBER ELECTED BY GENERAL EMPLOYEES TO THE
PENSION BOARD FOR GENERAL EMPLOYEES OF THS VILLAGE OF
' NORTH PALM BEACH, EXCEPT FOR FIRE AND POLICE
be adopted. President Pro Tem Pierman seconded the motion, and all
present voted aye.
RESOLUTION 8-91 ADOPTED
Vice Mayor Gardner moved that Resolution 8-91 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THS VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING A DEFERRED
COMPENSATION PLAN FOR PERMANENT, FULL TIME VILLAGE
EMPLOYEES WITH ICMA RETIREMENT CORPORATION AND SETTING
FORTH THE TERMS THEREOF
be adopted. President Pro Tem Pierman seconded the motion, and all
present voted aye.
FORFEITURE PURCHASE - BOX LOCKERS
Councilman Grinn moved that Public Safety's request to expend funds
from Fines & Forfeiture Account No. A5714-66000 in the amount of
$222.00 for box lockers be approved. The motion was seconded by
President Pro Tem Pierman, and all present voted aye.
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' Minutes of Regular Session
Held Thursday, February 14, 1991
FORFEITURE PURCHASE - WELLS CARGO
President Pro Tem Pierman moved that Public Safety's request to
expend funds from Fines & Forfeiture Account No. A5714-66000 in the
amount of $1,540.00 for a Wells Cargo trailer be approved. The
motion was seconded by Vice Mayor Gardner, and all present voted
aye.
FORFEITURE PURCHASE - REDMAN SUITS
President Pro Tem Pierman moved that Public Safety's request to
expend funds from Fines & Forfeiture Account No. A5714-35242 in the
amount of $413.00 for Redman suits be approved. The motion was
seconded by Vice Mayor Gardner, and all present voted aye.
BUDGET TRANSFER - SAFETY AND ATTENDANCE AWARDS
Vice Mayor Gardner moved that a transfer of $2,209.00 from Account
No. A5540-49911 (Council Contingency) to Account No. A5540-49918
(Safety and Attendance Awards) be approved. President Pro Tem
Pierman seconded the motion, and all present voted aye.
BUDGET TRANSFER - 7% SALARY INCREASE FOR NAGS AND NON-UNION
' EMPLOYEES - GENERAL FUND
President Pro Tem Pierman moved to approve a budget transfer from
Account A5540-49915 (Reserve & Benefits) to various accounts. Vice
Mayor Gardner seconded the motion, and all present voted aye.
BUDGET TRANSFER - 7% SALARY INCREASE FOR NAGE AND NON-UNION
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Vice Mayor Gardner moved to approve a budget transfer from Accounts
L8070-49910 and L8070-49415 (Country Club Contingency and Reserve
& Benefits) to various accounts. President Pro Tem Pierman
seconded the motion, and all present voted aye.
LABOR ATTORNEY - INTERIM SERVICES
President Pro Tem Pierman moved to direct staff to call labor
attorney applicants in for interviews with Village Council for the
purpose of providing interim legal advice regarding alleged
wrongful termination. Vice Mayor Gardner seconded the motion.
After discussion, it was the consensus of Council to postpone the
interviews until a lawsuit is actually instituted. Should one be
filed, the Manager was directed to set interviews with the Council
at that time.
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Minutes of Regular Session
' Held Thursday, February 14, 1991
ANCHORAGE PARK LSASS AGREEMENT
Vice Mayor Gardner moved to accept the Anchorage Park lease
agreement as amended and approved by Mr. Baldwin, the Village
Attorney. Councilman Grinn seconded the motion.
Mr. Baldwin asked that it be entered into the public record that he
had requested two changes to be put in the agreement, one that the
limits of liability of insurance shall not be not less than
$100,000/$200,000 (corrected on Page 8, Section 14); and secondly,
that the Village would not be responsible for 1990 taxes. Attorney
David Brodt stated that he had no trouble with that change, but
preferred to send out letters to that effect. Mr. Brodt's intent
is to issue a letter to the Village of North Palm Beach stating
that it is agreed that the village has no tax liability prior to
the calendar year 1991.
After brief discussion, all present voted aye.
There being no further business to come before Council, the meeting
adjourned at 10:15 p.m.
K thleen F. Ke11y, Village Cler
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