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1991 SEPT 26_11 MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 26, 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 Charles O'Meilia, Acting 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, with Mr. o'Meilia substituting for Village Manager Dennis Kelly, who was out of the state. Mayor Gardner recessed the Regular Session at 7:31 p.m. for the purpose of reconvening the Public Hearing on the Budget. The Regular Session reconvened at 8:00 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Gardner gave the invocation, and Councilman Grinn led 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 Operating Budget held 9/12/91 Minutes of Public Hearing on Linpro held 9/12/91 Minutes of Regular Session held 9/12/91 1 The Mayor directed the Clerk to to the call for the question as again on page 6 of the Minutes held 9/19/91. REPORT OF THE MAYOR verify whether there was a second shown in paragraph 2, page 3 and of the Reconvened Regular Session Mayor Gardner announced that he has directed the Village Manager to investigate the allegations made by Councilman Grinn concerning the 1 Minutes of Regular Session Held Thursday, September 26, 1991 propriety of certain actions taken by the Village Finance Director, and to submit a written report of his investigation to the Council. RECEIPT OF MINUTES The following Minutes were received as submitted: Minutes of Library Advisory Board Meeting held 8/27/91 Minutes of Planning Commission Meeting held 9/3/91 Minutes of Code Enforcement Board Meeting held 9/9/91 Minutes of Special Country Club Administrative Board Meeting held 9/18/91 1 1 BILL 660 ADOPTED AS ORDINANCE 31-91 President Pro Tem Marks 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 second reading and read by title alone. Councilman Kelsey seconded the motion and all present voted aye. Councilman Kelsey moved to adopt Bill 660 as Ordinance 31-91. Vice Mayor Pierman seconded the motion, and all present voted aye. BILL 661 ADOPTED AS ORDINANCE 32-91 President Pro Tem Marks moved that Bill 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, MGRS OR LESS, LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND 2 ' Minutes of Regular Session Held Thursday, September 26, 1991 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 THE VILLAGE OF A PARCEL OF LAND OF 3.82 ACRES, MORE OR LESS, WITHIN THE SOUTHWEST PORTION OF THE 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 BE PRIVATE AND SHALL BE MAINTAINED BY A PROPERTY OWNERS ASSOCIATION; PROVIDING FOR REVIEW AND APPROVAL OF CONDOMINIUM DOCUMENTS OR HOMEOWNERS' DOCUMENTS BY THE 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' ' 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, and all present voted aye. By consensus, the Council stated that the approval of the PUD Ordinance would be contingent upon receipt of a revised Exhibit "B" (site plan), which would reflect Section 17 of the ordinance. Mr. Mackey of Linpro, Fla., Inc. agreed to present a revised Exhibit "B" reflecting Section 17 of the ordinance within three working days. Vice Mayor Pierman moved to amend Bill 661 as suggested by Josh Murray, by inserting the following: "It is the intent of this Ordinance that except where necessary for the construction of finger canals, the existing shoreline of North Palm Beach canal in Prosperity Harbor will be preserved in its natural state except for the permitted removal of non-native trees such as Australian Pines and Brazilian Pepper trees. Village regulations regarding the ' preservation of the environment and wildlife breeding areas shall be complied with by the developer." 3 Minutes of Regular Session Held Thursday, September 26, 1991 Councilman Grinn seconded the motion, which failed 2-3, with Vice Mayor Pierman and Councilman Grinn voting aye, and Councilman Kelsey, President Pro Tem Marks and Mayor Gardner voting nay. President Pro Tem Marks moved to amend Bill 661 with the same language as Section 17 of the Prosperity Harbor North PUD Ordinance. Vice Mayor Pierman seconded the motion, and all present voted aye. Vice Mayor Pierman expressed continued concern regarding the conflict between Section 17 of the Ordinance and Exhibit "B," and requested that Exhibit ~~8~~ be redrawn to conform with section 17, and initialled by Linpro, Fla., Inc. during this meeting. This request was agreed to by the Petitioner, to be completed during the 15-minute recess. The original motion, as amended, passed 4-1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. ' President Pro Tem Marks moved to adopt Bill 661 as Ordinance 32-91. Councilman Kelsey seconded the motion. The motion carried 4-1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. The meeting recessed at 9:25 p.m. and reconvened at 9:40 p.m. RESOLUTION 34-91 ADOPTED President Pro Tem Marks moved that Resolution 34-91 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, REQUESTING REPEAL OF RESOLUTION NO. R-90-1763 ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, WHICH ABANDONED AN ENTIRE ROADWAY KNOWN AS GARDEN LANE SITUATED IN SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND SUPPORTING THE ADOPTION OF A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, ABANDONING A SPECIFIED PORTION OE THE SAID ROADWAY KNOWN AS GARDEN LANE; AND AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS; AND, PROVIDING FOR AN EFFECTIVE ' DATE HEREOF be adopted. Councilman Kelsey seconded the motion. During discussion, Vice Mayor Pierman questioned why the redline redrawing Minutes of Regular Session Held Thursday, September 26, 1991 did not include Prosperity Harbor. Mr. Mackey replied that Section 17 of Ordinance 32-91 did not refer to this area. Mr. Mackey stated that there may be adjustments to the shoreline, and that there may be some areas along the north side of the harbor within their property lines that they would intend to reclaim. Based on Mr. Mackey's declaration regarding their intent to reclaim, Vice Mayor Pierman moved to reconsider the approval of ordinance 32-91, which approved the creation of the PUD for Prosperity Harbor South. Councilman Grinn seconded the motion. Gary Brandenburg, attorney for Linpro, Fla., Inc., offered at this time to extend the redline drawing on Exhibit "B" to include the shoreline on the north side of the harbor so that it would conform with Section 17 of the ordinance. The meeting recessed at 9:54 p.m. for the purpose of extending the redline drawing. The meeting reconvened at 9:59 p.m. Thereafter, the original motion to adopt Resolution 34-91 passed 4- 1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. RESOLUTION 35-91 ADOPTED Vice Mayor Pierman moved that Resolution 35-91 entitled: A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUPPORTING THE PASSAGE OF STATE LEGISLATION PROVIDING FOR RESTRICTIONS ON FISHING AND THE POSSESSION OF FISHING NETS AND TRAPS BETWEEN CERTAIN HOURS ON CERTAIN WATERS WITHIN THE BOUNDARIES OF NORTH PALM BEACH be adopted. Councilman Grinn seconded the motion. During discussion, President Pro Tem Marks moved to amend Section 1 of the Resolution to state that the prohibited hours be 11 p.m. to 7 a.m. instead of 10 p.m. to 7 a.m. Councilman Grinn seconded the motion, and all present voted aye. Thereafter, the original motion to adopt Resolution 35-91, as amended, passed unanimously. BUDGET TRANSFER APPROVED FOR PUBLIC SAFETY President Pro Tem Marks moved that the transfer of $4,600.00 to A5711-35280 (Gas, Oil & Lubricants) from various accounts in Public 5 Minutes of Regular Session Held Thursday, September 26, 1991 Safety Department to cover budgetary shortfall be approved. Vice Mayor Pierman seconded the motion, and all present voted aye. BUDGET TRANSFER FOR LEGAL SERVICES TABLED Village Attorney George Baldwin requested additional time to make a determination regarding the necessity of Public Hearing for legal settlements prior to Council approving the requested expenditure for Special Legal Services. Vice Mayor Pierman moved to table discussion until the next Regular Session on October 10, 1991. Mayor Gardner passed the gavel to President Pro Tem Marks and seconded the motion. The motion passed 3-2, with Vice Mayor Pierman, Mayor Gardner and President Pro Tem Marks voting aye, and Councilman Grinn and Councilman Kelsey voting nay. President Pro Tem Marks returned the gavel to Mayor Gardner. President Pro Tem Marks moved to encumber, but not expend, the necessary funds for Special Legal Services, with Councilman Grinn seconding. After discussion with Finance Director Shaukat Khan, the second and the motion were withdrawn. BUDGET TRANSFER - PART-TIME POSITIONS President Pro Tem Marks moved to approve a transfer o£ funds from Account L8045-11210 (Regular Pay) in the amount of $3,520.00 to Account L8045-11300 (Part-time Pay) for the purpose of paying two part-time employees who are temporarily replacing one full-time employee. Councilman Grinn seconded the motion, and all present voted aye. BUDGET TRANSFER FOR PART-TIME PAY-TENNIS President Pro Tem Marks moved to approve transfer of funds from various accounts in the amount of $3,520.00 to Account L8050-11300 (Part-time Pay) to cover an over-expended- account. Councilman Kelsey seconded the motion, and all present voted aye. CLUB CAR LEASE AGREEMENT President Pro Tem Marks moved to approve the renewal of the equipment lease agreement with Club Car, Inc. to include an additional 15 carts, and to incorporate into the agreement changes as recommended by Mr. Baldwin in his letter of September 9, 1991. 6 1 Minutes of Regular Session Held Thursday, September 26, 1991 Councilman Kelsey seconded the motion. The motion passed unanimously. BID AWARD APPROVED FOR TRACTOR Councilman Kelsey moved to approve a bid award to Sunrise Ford Tractor Co., Inc., Ft. Pierce, FL in the amount of $17,200 to be expended from Account L8045-66490 for the purchase of a tractor for the.COUntry Club Golf Course maintenance. President Pro Tem Marks seconded the motion. The motion carried 3-2, with Councilman Kelsey, President Pro Tem Marks and Mayor Gardner voting aye, and Councilman Grinn and Vice Mayor Pierman voting nay. BID AWARD APPROVED FOR CART PATHS 1 1 Councilman Grinn moved to approve a bid award to Southern Concrete Pavers, Inc., Lecanto, FL in the amount of $32,844.00, to be expended from Account L8045-66210 for the construction of concrete cart paths for the golf course; and to leave the placement and configuration up to the Country Club Administrative Board. Vice Mayor Pierman seconded the motion, and all present voted aye. With no further business to come before the Council, the meeting adjourned at 11:00 p.m. ~hleen F. Kelly, Village Cle