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1991 FEB 28MINUTES OF THE REGULAR SESSION ' OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, FEBRUARY 28, 1991 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 Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Marks called the Regular Session to order at 7:30 p.m. All members of Council and staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE President Pro Tem Pierman gave the invocation and Mayor Marks led the Council and the public in the Pledge of Allegiance to the Flag. ' APPROVAL OF MINUTES The Minutes of the Regular Session held February 14, 1991 were approved as written. REPORT OF THE MAYOR Mayor Marks presented a plaque to Arthur Fink for hisfh2S~ years of service on the Zoning Board of Adjustment. Vice Mayor Gardner accepted on behalf of Mr. Fink, who was unable to attend. Mayor Marks presented a Certificate of Appreciation and a gift certificate to Public Services employee John Clark for twenty years of service. Mayor Marks proclaimed the month of March as American Red Cross Month in the Village. Mr. Clifford Olson was present to accept on behalf of the Red Cross. ACCEPTANCE OF MINUTES The Minutes of the Library Advisory Board Meeting held January 22, 1991 were accepted as written. ~~~~/B ~ The Minutes of the Country Club Administrative Board we a r/eturned to the Board for corrections. BILL 639 PLACED ON SECOND READING AND ADOPTED AS ORDINANCE 4-91 Councilman Grinn moved that Bill 639 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (a) OF SECTION 2-177 OF ARTICLE VI, CODE ENFORCEMENT BOARD, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE FOR THE 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 second reading and read by title alone. Councilman Moore seconded the motion, and all present voted aye. Councilman Grinn moved to adopt Bill 639 as Ordinance 4-91. President Pro Tem Pierman seconded the motion, and all present voted aye. BILL 640 PLACED ON SECOND READING AND ADOPTED AS ORDINANCE 5-91 Councilman Grinn moved that Bili 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 second reading and read by title alone. Councilman Moore seconded the motion, and all present voted aye. Councilman Grinn moved to adopt Bill 640 as Ordinance 5-91. President Pro Tem Pierman seconded the motion, and all present voted aye. BILL 641 PLACED ON FIRST READING CouncilmanlGrinn moved that Bill 641 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FOR THE REPEAL OF SECTION 45-20 ENTITLED "ANNEXED LAND IN R-1 DISTRICT" OF ARTICLE II OF APPENDIX C-ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE OF NORTH PALM BEACH; 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 Vice Mayor Gardner, and all present voted aye. BILL 645 PLACED ON FIRST READING Councilman Grinn moved that Bill 645 entitled: ' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION F OF SECTION 45-36 OF ARTICLE III, OF APPENDIX C-ZONING RELATING TO CONDUCT OF BUSINESS, PROFESSIONAL, COMMERCIAL ACTIVITIES AND HOME OCCUPATIONS UPON REAL PROPERTY AND WITHIN DWELLINGS OR UPON DOCK5, PIERS, OR WATERSIDE STRUCTURES APPURTENANT THERETO; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. The motion was seconded by Councilman Moore, and all present voted aye. BILL 648 PLACED ON FIRST READING Vice Mayor Gardner moved that Bill 648 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A 29_8 ACRE PARCEL OF LAND LOCATED NORTH OF GARDEN LANE AND BAST OF PROSPERITY FARMS ROAD, WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF FROM R-1 SINGLE FAMILY 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. Councilman Moore seconded the motion for discussion. Vice Mayor Gardner and Councilman Moore amended their motion and second to place Bill 648 and 649, a proposed ordinance creating a Planned Unit Development known as "Sanctuary Bay," on the floor for discussion only. After lengthy discussion, Vice Mayor Gardner moved that Bill 648 be placed on the floor for first reading and read by title alone, President Pro Tem Pierman seconded the motion. The motion passed 4-1, with Vice Mayor Gardner, President Pro Tem Pierman, Councilman Moore and Mayor Marks voting aye, and Councilman Grinn voting nay. BILL 649 PLACED ON FIRST READING Vice Mayor Gardner moved that Bill 649 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "SANCTUARY BAY" UPON THOSE CERTAIN LANDS COMPRISING 29.8 ACRES LOCATED WITHIN THS VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART t HEREOF; SAID LANDS TO BS 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 ARS 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 THE BOUNDARY PLAT; PROVIDING FOR PLAT APPROVAL; PROVIDING THAT ALL ROADWAYS WITHIN THE PLANNED UNIT DEVELOPMENT SHALL BE PRIVATE; PROVIDING THAT ALL BOAT SLIPS AND DOCKS SHALL BE PRIVATE AND NON-COMMERCIAL; PROVIDING FOR REVIEW AND APPROVAL OF CONDOMINIUM DOCUMENTS OR HOMEOWNERS' DOCUMENTS BY THS VILLAGE ATTORNEY; SETTING FORTH REQUIREMENTS TO BE MET BY THS PETITIONER PRIOR TO ISSUANCE OF THE 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 THE 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 seconded the motion. The motion passed 4 - 1, with Vice Mayor Gardner, President Pro Tem Pierman, Councilman Moore, and Mayor Marks voting aye, and Councilman Grinn voting nay. ' RESOLUTION 9-91 AWARDING BID TO ARROW INDUSTRIES President Pro Tem Pierman moved to adopt Resolution 9-91 accepting the bid of Arrow Industries, Dallas, T%, for polyethylene refuse bags in the amount of $19,785.96, to be expended from Account No. A0000-14130 (plastic bag inventory). Councilman Moore seconded the motion, and the motion carried unanimously. The meeting recessed at 10:00 p.m. and reconvened at 10:15 p.m. COMPREHENSIVE ANNUAL FINANCIAL REPORT Vice Mayor Gardner moved to approve the Comprehensive Annual Financial Report, with noted changes. President Pro Tem Pierman seconded the motion, and all present voted aye. INTERIM ATTORNEY - LEGAL SERVICES Councilman Moore moved that Council direct the Village Manager to review applications for an interim attorney to represent the Village of North Palm Beach in the Kelly Riley lawsuit and to make a recommendation to Council, ranking them in the order that he thinks appropriate. President Pro Tem seconded the motion, and all present voted aye. J//~ being noJfurth~ ines~come before Council, the meeting rned at 11:00 p. i ~. . ~~ PROPOSAI, ~ THE VILLAGE OFNORTH PALM BEACH, FLORIDA _ .- _- ,/ c Gentlemen: The undersigned, as bidder, clues declare. that. no . other person other than the bidder herein named has any interest in this proposal d- it is made without any connection or in the wntract to be_ taken. an ersons making proposal for -the .s ame .article, with any other person or -p ects Fair and without collusion or Fraud: in all res d i p s an undersigned further declares that he has carefully examined The - .. .provisions the specifications and is thoroughly familiar with its and with the quality, type and grade of,material called for. The undersigned further declares that he proposes to t in this furnish the proposal for articles called for within sped-fied time se arts and service fo th t _ the articles p a the following price and guarantees - re available within the State of Florida, to wit: a 3 d b li .a a e ste DAATE: ~ t ~~ a ~ - It~[tNO. Description Amount Unit Price Total 1. Polyethylene Bags per Specifications f c1 /fix 604 Boxes $ `J~ ~y 3 $ 1q~ S,~~p _ . 1a. Per shipment minimimi 1b. Per shipment miniminn 4,805 Boxes $ S.y $ a ~ ~ ~! s oxes $ Jam. L+L} /box 07 B 1c. Per shipanent minimum 6,0 _ $ a~ ~" ^^ 1I11` 2. Prices guaranteed until Y'{Q~+{, ~ _, 1990-- 3. Vendor part number: '~ - NOTE: A11 prices to be F.O.B_ North Palm Beach, Florida. Village forces will unload truck. -10- w _.~ s ,"0 OSAL TO THE V'iLLAGE OF tdORTH PALi1 BEACH, FLORIDA (Con'td. ) REMARKS/EXCEPTIONS: Officers of Corporation or Members of Partnership: NAME TITLE _ ADDRESS ~:~1G~CL,is ~2-C~~~ ~f.A~i~9/ti-`(- ~0 P~~ ~S~C~U~°1 ~Q11Q~~ ~~, ~ D~-~~, C~,o.t~,--- V ~ CR - ~".4SI`Q'~.~/ri,~-- ~© ~Ok, ~la~`- `6~ D~~~~ SII WITNESSES: .S C~r~nc:~~ ADDRESS: C~ZU.Jr~.,t~~;~i~~ , .mac P O ~.o~c. ~SIQu~~ Dimas,; r~ "1 s 3~ j -1;