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1991 MAR 28_2 ' MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD MARCH 28, 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 and Staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Kelsey gave the invocation and Vice Mayor Pierman 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 held March 14, 1991 The following minutes were approved with corrections: Minutes of Regular Session held March 14, 1991 PROCLAMATION - BUILDING SAFETY WSSK Mayor Gardner presented a proclamation for Building Safety Week to Mr. Robert Ghianda, Vice President of the Palm Beach County Chapter of the Building Officials Association of Florida, and Mr. Robert Lecky, Chairman of the Building Safety week Committee. PRESENTATION OF PLAQUE Mayor Gardner presented a plaque to James Rusnak for his service on the Country Club Advisory Board. ACCEPTANCE OE MINUTES ' The following minutes were accepted as written: Minutes of Library Advisory Board Meeting held 2/26/91 ' Minutes of Regular Session Held Thursday, March 28, 1991 Minutes of Special Country Club Administrative Board Meeting held 3/4/91 -~ Councilman Grinn questioned the 1987 fund-raiser by the North Palm Beach Booster Fund, Inc., which collected money specifically for a swim club room and purchase of equipment, with the project never developing. Mayor Gardner directed the Village Manager to determine if these monies had been transferred to the NPB Swim Foundation, Inc., and if not, to investigate how these funds were used. Minutes of Special Country Club Administrative Board Meeting held 3/11/91 Minutes of Recreation Advisory Board Meeting held 3/13/91 The following minutes were returned for clarification or correction: Minutes of special Country Club Administrative Board meeting ' March 11, 1991 Minutes of Country Club Administrative Board Meeting held 3/4/91 Councilman Grinn moved that the Council authorize him to write a letter to Mrs. Nancy Levine, on behalf of the Council, requesting that she reconsider her decision to resign from the Recreation Advisory Board. Vice Mayor Pierman seconded the motion. The motion carried 4-1, with Councilman Grinn, vice Mayor Pierman, Councilman Kelsey and Mayor Gardner voting aye, and President Pro Tem Marks voting nay. RECOMMENDATION OF LIBRARY ADVISORY BOARD President Pro Tem Marks moved to accept the recommendation of the Library Advisory Board that patrons wishing to order books via inter-library loan pay $1.00 for postage. Vice Mayor Pierman seconded the motion. The motion carried 4-1, with President Pro Tem Marks, Vice Mayor Pierman, Councilman Kelsey and Mayor Gardner voting aye, and Councilman Grinn voting nay. BILL 625 - COMP PLAN AMENDMENTS ' Councilman Kelsey moved to direct staff to advertise a Public Hearing and second reading of Bill 625, a proposed ordinance amending the North Palm Beach Comprehensive Plan, for April 11, 2 Minutes of Regular Session ' Held Thursday, March 28, 1991 1991. President Pro Tem Marks seconded the motion, which carried unanimously. BILL 650 PLACED ON FIRST READING President Pro Tem Marks moved that bill 650 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLAN TO AWARD AND PROVIDE RETIREMENT INCOME FOR ACTIVE MEMBERS OF THE VOLUNTEER FIREFIGHTERS OF THE VILLAGE OF NORTH PALM BEACH IN RECOGNITION OF THEIR YEARS OF DEDICATED COMMUNITY SERVICE; 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 Pierman. The motion carried 4-1, with President Pro Tem Marks, Vice Mayor Pierman, Councilman Kelsey and Mayor Gardner voting aye, and Councilman Grinn voting nay. BILL 642 ADOPTED AS ORDINANCE 8-91 ' Vice Mayor Pierman 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 PALM BEACH COUNTY ZONING DISTRICT RM TO NORTH PALM BEACH ZONING DISTRICT R-2 MULTIFAMILY be placed on second reading and read by title alone. The motion was seconded by Councilman Kelsey, and all present voted aye. President Pro Tem Marks moved to adopt Bill 642 as Ordinance 8-91. Vice Mayor Pierman seconded the motion, and all present voted aye. BILL 643 ADOPTED AS ORDINANCE 9-91 Councilman Kelsey 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 second reading and read by title alone. The motion was seconded by Vice Mayor Pierman, and all present voted aye. ' Vice Mayor Pierman moved to adopt Bill 643 as Ordinance 9-91, the motion being seconded by President Pro Tem Marks. All present 3 ' Minutes of Regular Session Held Thursday, March 28, 1991 voted aye. BILL 644 ADOPTED AS ORDINANCE 10-91 Vice Mayor Pierman moved that Bill 644 entitled: AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING EISHERMANS VILLAGE SUBDIVISION, FISHERMANS VILLAGE SUBDIVISION 1ST ADDITION AND ONS ADJACENT PARCEL OF LAND FROM PALM BEACH COUNTY ZONING DISTRICT RM TO NORTH PALM BEACH ZONING DISTRICT R-2 MULTIFAMILY 1 1 be placed on second reading and read by title alone. The motion was seconded by Councilman Kelsey, and all present voted aye. President Pro Tem Marks moved that Bill 644 be adopted as Ordinance 10-91. Vice Mayor Pierman seconded the motion, and all present voted aye. BILL 646 ADOPTED AS ORDINANCB 11-91 President Pro Tem Marks 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 DESCRIBBD 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 second reading and read by title alone. Mayor Gardner passed the gavel to Vice Mayor Pierman and seconded the motion. The motion passed 4-1, with President Pro Tem Marks, Mayor Gardner, Councilman Kelsey and Vice Mayor Pierman voting aye, and Councilman Grinn voting nay. Vice Mayor Pierman returned the gavel to Mayor Gardner. President Pro Tem Marks moved to adopt Bill 646 as Ordinance 11-91, with Councilman Kelsey seconding the motion. The motion passed 4- 1, with President Pro Tem Marks, Councilman Kelsey, Mayor Gardner and Vice Mayor Pierman voting aye, and Councilman Grinn voting nay. BILL 647 ADOPTED AS ORDINANCE 12-91 4 ' Minutes of Regular Session Held Thursday, March 28, 1991 President Pro Tem Marks moved that Bill 647 entitled: AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA CREATING A PLANNED UNIT DEVELOPMENT KNOWN A3 "SANCTUARY COVE" UPON THOSE CERTAIN LANDS COMPRISING 15.30 ACRES 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 3ST FORTH IN THS INDEX ATTACHED HERETO AS 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 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 second reading and read by title alone. Councilman Kelsey seconded the motion. During discussion, consensus of Council was that the Village Attorney shall make the following changes: Section 18 shall be changed to read: "ordinance shall take effect upon required changes in the Comprehensive Plan of the Village being accomplished." Section 12, in determining what is not a minor modification, shall include "any increase in the number of units; any increase in the height of buildings; change in access to the property; relocation of parking lots; and any change in recreational amenities." 3. The definitions of changes not considered minor modifications as stated above shall be preceded by the ' phrase "not limited to, but including." Mr. Carmen Gintoli submitted drawings to the Council showing his Minutes of Regular Session ' Held Thursday, March 28, 1991 proposed change of access from Prosperity Farms Road to Garden Lane. Councilman Grinn moved to table the motion until Mr. Morton has an opportunity to look at the proposed change as submitted by Mr. Gintoli. Vice Mayor Pierman seconded the motion. The motion failed 2-3, with Councilman Grinn and Vice Mayor Pierman voting aye, and Councilman Kelsey, President Pro Tem Marks and Mayor Gardner voting nay. The original motion, with changes incorporated into the ordinance, passed 3-2, with President Pro Tem Marks, Councilman Kelsey and Mayor Gardner voting aye, and Councilman Grinn and Vice Mayor Pierman voting nay. PRESAS & HAAS AGREEMENT President Pro Tem Marks moved to authorize the Mayor to sign an agreement dated March 13, 1991 between the Village and Presas & Haas, CPA, in the amount of $16,512.00 for the purpose of conducting the annual audit of the General Purpose Financial Statement of the Village for Fiscal Year ending 9/30/91. The ' motion was seconded by Vice Mayor Pierman, and all present voted aye. BUDGET TRANSFER - HAZMAT TRAINING COSTS Councilman Kelsey moved that the budget transfer for HAZMAT training costs, tabled on 3/14/91, be removed from the table and placed on the floor. President Pro Tem Marks seconded the motion, and all present voted aye. Councilman Kelsey moved to approve the budget transfer in an amount not to exceed $400 from Account A5540-49911 (Council Contingency) to Account A5812-35440 (Public Safety-Training & Education) for the purpose of HAZMAT training. President Pro Tem Marks seconded the motion. The motion passed 4-1, with Councilman Kelsey, President Pro Tem Marks, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. BUDGET TRANSFER - AUTOMATIC DOORS Councilman Kelsey moved to approve a budget transfer in the amount of $730.00 from Account A5540-49911 (Council Contingency) to Account A5509-35217 (Machinery & Equipment Supplies) for unanticipated repair of automatic doors in the Council Chambers. President Pro Tem Marks seconded the motion. After a lengthy discussion, President Pro Tem Marks asked that the question be called. The vote to call the question failed 3-2, with President 6 Minutes of Regular Session ' Held Thursday, March 28, 1991 Pro Tem Marks, Councilman Kelsey and Mayor Gardner voted aye, and Vice Mayor Pierman and Councilman Grinn voted nay. Thereafter, the original motion passed 4-1, with Councilman Kelsey, President Pro Tem Marks, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. BUDGET TRANSFER - POSTAGE Councilman Grinn moved to approve a budget transfer in the amount of $1,500.00 from Account A5540-49911 (Council Contingency) to Account A5509-34210 (Postage) for an unanticipated postage rate increase for newsletters. Vice Mayor Pierman seconded the motion, which passed 5-0. There being no further business to come before Council, the meeting adjourned at 10:10 p.m. ~~ / Iathleen F. Kelly, Village Cler 1 1 MINUTES OF A DISCUSSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD APRIL 6, 1991 Present: Jerry Gardner, Mayor Manny Grinn, Councilman Thomas F. Kelsey, Ph.D., Councilman Councilman Grinn called the meeting to order at 9:04 a.m. with three members of Council present. The purpose o£ the meeting was to discuss village business. ' Most of the discussion centered around the Lakeside Park matching grant for the restoration of the eroded waterfront property. Other matters discussed were: Procedural rules of Council Countywide Planning Council Consistency Certification Municipal League's function Florida League of Cities Insurance The meeting ended at 10:15 a.m. Minutes taken from tape recording Judy M. Pierman, Vi ayor ~.