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07-25-1991 VC SP-M1 MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JULY 25, 1991 Present: Jerry Gardner, Mayor Judy M. Pierman, Vice Mayor V. A. Marks, M. D. , President Pro Tem Manny Grinn, Councilman Thomas F. Kelsey, Ph.D., Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Gardner called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Kelsey gave the invocation, and President Pro Tem Marks led the Public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Special Meeting held 7/11/91 Minutes of Public Hearing held 7/11/91 Minutes of Regular Session held 7/11/91 Minutes of Recessed Special Meeting held 7/11/91, reconvened 7/15/91 REPORT OF THE MAYOR on behalf of the Council, Mayor Gardner presented a plaque to Norman McCaskill, in appreciation of his service on the Country Club Administrative Board. RECEIPT OF MINUTES The following Minutes were received as submitted: Minutes of Police and Fire Pension Board Meeting held 6/14/91 Minutes of Library Advisory Board Meeting held 6/25/91 Minutes of Regular Session ' Held Thursday, July 25, 1991 Minutes of Country Club Administrative Board Meeting held 7/1/91 Minutes of General Employees Pension Board Meeting held 7/2/91 Minutes of Recreation Advisory Board Meeting held 7/9/91 VILLAGE MANAGER'S REPORT The Village Manager reported that he received notice of a Change Order from the Board of County Commissioners, extending the Prosperity Farms Road widening project by 134 days, due to initial utility delays. Approximate completion date will now be January 1992. The Village Manager was directed to prepare a letter to the County Commissioners for the Mayor's signature, addressing the concern of the Council regarding this extension, and asking for recourse against the utility company or the contractor. BILL 657 PLACED ON FIRST READING ' President Pro Tem Marks moved that Bill 657 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING TO THE VILLAGE CERTAIN AREAS OF PROPERTY; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE TO INCLUDE SAID PROPERTY; AND PROVIDING AN EFFECTIVE DATE be placed on first reading and read by title alone. Councilman Kelsey seconded the motion. The motion passed 4-1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Plerman and Mayor Gardner voting aye, and Councilman Grinn voting nay. BILL 658 PLACED ON FIRST READING President Pro Tem Marks moved that Bill 658 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A RECENTLY ANNEXED 33.43 ACRE PARCEL OF LAND LYING GENERALLY EAST OF PROSPERITY FARMS ROAD, NORTH OF MONET ROAD AND WEST OF THS INTRACOASTAL WATERWAY AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FROM PALM BEACH COUNTY ZONING DISTRICT RS TO R-1 SINGES FAMILY DWELLING DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE 2 Minutes of Regular Session Held Thursday, July 25, 1991 be placed on first reading and read by title alone. Councilman Kelsey seconded the motion, and all present voted aye. BILL 659 PLACED ON FIRST READING Councilman Kelsey moved that Bill 659 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR NORTH" UPON THOSE CERTAIN LANDS COMPRISING 33.43 ACRES, MORE OR LESS, LOCATED WITHIN THS 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; PROVIDING FOR A PERIMETER LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION; PROVIDING FOR CONVEYANCE OF TITLE TO THS REAL PROPERTY KNOWN AS "ANCHORAGE PARK" TO THS VILLAGE AND CONSISTING OF 3.1674 ACRES, MORE OR LESS, AS A CONDITION FOR THE APPROVAL OF THS BOUNDARY PLAT; PROVIDING FOR PLAT APPROVAL; PROVIDING THAT ALL STREETS, WATERWAYS, STREET LIGHTS, AND OTHER INFRASTRUCTURE IMPROVEMENTS SHALL BE PRIVATE AND SHALL BE MAINTAINED BY A PROPERTY OWNERS ASSOCIATION; PROVIDING FOR REVIEW AND APPROVAL OF CONDOMINIUM DOCUMENTS OR HOMEOWNERS DOCUMENTS BY THS VILLAGE ATTORNEY; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING PERMIT; PROVIDING FOR TIME OF COMMENCEMENT AND TIME OF COMPLETION FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR APPROVAL OF SIGNAGS 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 THS 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 Marks seconded the motion. After discussion, Councilman Grinn moved to table the motion. The motion to table failed 1-4, with Councilman Grinn voting aye, and ' Councilman Kelsey, President Pro Tem Marks, vice Mayor Pierman and Mayor Gardner voting nay. Minutes of Regular Session ' Held Thursday, July 25, 1991 Mayor Gardner directed the Village Attorney to insert the requirement that the petitioner provide a cash contribution of $325,000 or title to Anchorage Park, at the sole option of the Village Council. Additionally, the Village Attorney struck the word "boundary" from line 14 of the heading of Bill 659. President Pro Tem Marks moved to amend Section 4 of Bill 659 as stated above, and Councilman Kelsey seconded the motion. The motion to amend passed 4-1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. Thereafter, the main motion passed 4-1, as amended, with Councilman Kelsey, President Pro Tem Marks, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. BILL 660 PLACED ON FIRST READING Councilman Grinn moved that Bill 660 entitled: ' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A 63.48 ACRE PARCEL OF LAND LYING GENERALLY EAST OF PROSPERITY FARMS ROAD, SOUTH OF MONET ROAD, WEST OF THE NORTH PALM BEACH WATERWAY AND NORTH OF TEAL WAY WEST WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FROM R-2 MULTIPLE FAMILY DWELLING DISTRICT AND R-3 APARTMENT DWELLING DISTRICT TO 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. Vice Mayor Pierman seconded the motion, and all present voted aye. BILL 661 PLACED ON FIRST READING President Pro Tem Marks moved that Bi11 661 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR SOUTH" UPON THOSE CERTAIN LANDS COMPRISING 63.48 ACRES, MORE OR LESS, LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND ' MADE PART 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 4 i Minutes of Regular Session Held Thursday, July 25, 1991 WHICH PLANS AND SPECIFICATIONS ARS EXPRESSLY MADE A PART HEREOF, PROVIDING FOR A PERIMETER LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION; PROVIDING FOR CONVEYANCE OF TITLE TO THE VILLAGE OF A PARCEL OF LAND OF 3.82 ACRES, MORE OR LESS, WITHIN THE SOUTHEAST PORTION OF THS DEVELOPMENT AS A CONDITION FOR THE APPROVAL OF THE BOUNDARY PLAT; PROVIDING FOR PLAT APPROVAL; PROVIDING THAT ALL STREETS, WATERWAYS, STREET LIGHTS, AND OTHER INFRASTRUCTURE IMPROVEMENTS SHALL BS PRIVATE AND SHALL BE MAINTAINED BY A PROPERTY OWNERS ASSOCIATION; PROVIDING FOR REVIEW AND APPROVAL OF CONDOMINIUM DOCUMENTS OR HOMEOWNERS' DOCUMENTS BY THS VILLAGE ATTORNEY; SETTING FORTH REQUIREMENTS TO BE MST BY THS PETITIONER PRIOR TO ISSUANCE OF THS INITIAL 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 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. Councilman Kelsey seconded the motion. The meeting recessed at 9:35 p.m. and reconvened at 9:50 p.m. After lengthy discussion, Vice Mayor Pierman moved to amend Bill 661 to add a separate section stating that "notwithstanding anything contained elsewhere within this ordinance or the Exhibits, the Petitioner should under no circumstances have the right to fill, dredge or take any other action that would change or alter or reduce the present width of the North Palm Beach waterway." President Pro Tem Marks seconded the motion, and all present voted aye. Councilman Kelsey moved to rescind the vote on the amendment to allow the deletion of the word "dredge." Vice Mayor Pierman seconded the motion, and all present voted aye. Vice Mayor Pierman moved to amend Bill 661 by adding a separate section stating that "notwithstanding anything contained elsewhere within this Ordinance or the Exhibits, the Petitioner should under no circumstances have the right to fill or take any other action that would change or alter or reduce the present width of the North 5 Minutes of Regular Session ' Held Thursday, July 25, 1991 Palm Beach waterway." President Pro Tem Marks seconded the motion, and all present voted aye. Thereafter, the main motion passed 4-1, as amended, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. BILL 663 - TABLE CONTINUED President Pro Tem Marks moved to continue to table the motion to approve first reading of Bill 663, a proposed ordinance amending Subsection C entitled "Finances" of Section 6 of Ordinance 39-90, which created a Country Club Administrative Board. The motion passed unanimously. BILL 666 PLACED ON FIRST READING President Pro Tem Marks moved that Bill 666 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ' AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1990-91 BY DECREASING THS VARIOUS STATE SHARED REVENUES BUDGETED ACCOUNTS AND BY DECREASING THE R & M IRRIGATION ( STREET MAINTENANCE ) AND REGULAR PAY (POLICE) APPROPRIATIONS DUE TO THE SHORTFALL IN ESTIMATED RECEIPTS OF STATE SHARED FUNDS be placed on first reading and read by title alone. Councilman Kelsey seconded the motion, and all present voted aye. APPOINTMENT TO CODS ENFORCEMENT BOARD The Council interviewed two of four applicants for the vacancy on the Code Enforcement Board, after which the Council appointed Mr. Scott Williams by written ballots, which are attached to the official Minutes of this meeting. RESOLUTION 27-41 ADOPTED Vice Mayor Pierman moved that Resolution 27-91 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THS CODE ENFORCEMENT BOARD ' be adopted. President Pro Tem Marks seconded the motion, and all present voted aye. 6 Minutes of Regular Session Held Thursday, July 25, 1991 RESOLUTION 28-91 ADOPTED Vice Mayor Pierman moved that Resolution 28-91 entitled: A RESOLUTION OF THS VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUPPORTING AND REQUESTING FLORIDA ATLANTIC UNIVERSITY ESTABLISH A BRANCH CAMPUS IN THE NORTH PALM BEACH COUNTY AREA; AND, DIRECTING THS VILLAGE CLERK TO FURNISH A CERTIFIED COPY OF THIS RESOLUTION TO SUCH GOVERNMENTAL ENTITIES AND PERSONS AS DIRECTED; AND, DIRECTING THE MAYOR AND VILLAGE MANAGER TO DELIVER THIS RESOLUTION TO THS BOARD OF REGENTS PUBLIC HEARING; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Grinn seconded the motion, and all present voted aye. RESOLUTION 29-91 ADOPTED Councilman Grinn moved that Resolution 29-91 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ADOPTING PURCHASING RULES AND REGULATIONS FOR THS VILLAGE OF NORTH PALM BEACH AND REPEALING RESOLUTION 24-89 be adopted. President Pro Tem Marks seconded the motion, and all present voted aye. BUDGET TRANSFER - "WE CARE" PROGRAM President Pro Tem Marks moved to approve a request by the Public Safety Department to transfer funds from Council Contingency (A5540-49911) to various accounts for the implementation of the "We Care" program. Councilman Grinn seconded the motion, and all present voted aye. GOLF COURSE - #16 PUMPING STATION President Pro Tem Marks moved to approve #16 pumping station project in the amount of $2,448.00, with funds to be expended from R & M-Irrigation (L8045-34640). Councilman Kelsey seconded the motion, and all present voted aye. 1 1 Minutes of Regular Session Held Thursday, July 25, 1991 AMENDMENT TO NPBCC RESTAURANT LEASE AGREEMENT President Pro Tem Marks moved to authorize the Mayor and Village Clerk to sign an amendment to the Lease Agreement between the Village and Amici of the Palm Beaches, inc., amending the restaurant inventory list (Exhibit "A"). Councilman Kelsey seconded the motion, and all present voted aye. Having reached the curfew hour of 11:00 p.m., the meeting recessed until Monday, July 29, 1991 at 6:30 p.m. 1 Kahn E. Kell Village C rk CLERK'S TALLY SHEET BALLOTS FOR CODE ENFORCEMENT BOARD JULY 25, 1991 Bengala, Mario Holder, Steve Rogol, Martin Williams, Scott use e„«~ Round 1 /,~ Round 2 Round 3 7~~ 5/9/ n / I BALLOT CODE ENFORCEMENT BOARD Submitted by: e~ (" Dated: 7/25/91 _ BALLOT CODE ENFORCEMENT BOARD SC o~~' Gf/i~ /~oi ~. 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