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04-11-1996 VC REG-MMINUTES OF REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, APRIL 11, 1996 Present: V. A. Marks, M. D., Mayor Tom Valente, Vice Mayor Larry Kelley, President Pro Tem - Gail Vastola, Councilman Charles O'Meilia, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Marks 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 Vastola gave the invocation, and Vice Mayor Valente led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as corrected: Minutes of Regular Session held 3/28/96 -Page 1, REPORT OF THE MAYOR:- Harold Piscara's title corrected to read "President of the Building Officials Association of Palm Beach County". Page 2, last Paragraph: the word "by" corrected to read "be". REPORT OF THE MAYOR Mayor Marks proclaimed April 14, 1996 to April 20, 1996 as National Library Week in the Village of North Palm Beach. Library Director Nancy Moore was present to accept the proclamation. Mayor Marks introduced Ossie Wynn, employee at the North Palm Beach Country Club, as the "Employee of the Year" in the Village of North Palm Beach. In addition to a plaque which hangs in the Village Hall, Mrs. Wynn received a plaque from the Chamber of • Commerce and Bell South. Minutes of Regular Session • Held Thursday, April 11, 1996 PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of the Country Club Administrative Board Meeting held 3/18/96 Minutes of the Code Enforcement Board Meeting held 4/1/96 REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Vice Mayor Valente moved that the recommendation of the Country Club Administrative Board to "amend the restaurant contract to allow special monthly events, providing sufficient guarantee of attendance, in lieu of required weekly dinners, due to continued non-participation" be received for file. Councilman Vastola seconded the motion, and all present voted aye. BILL 817 -ADOPTING STANDARD BUILDING CODES -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 817 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AND AMENDING THE STANDARD BUILDING CODE, THE STANDARD GAS CODE, THE STANDARD MECHANICAL CODE, AND THE STANDARD PLUMBING CODE, 1994 EDITIONS; PROVIDING FOR REPEALS OF LAWS IN CONFLICT; PROVIDING FOR INCLUSIONS IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Vice Mayor Valente seconded the motion, and all present voted aye. BILL 818 -REZONING OF 10313 PROSPERITY FARMS ROAD -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 818 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A 12 ACRE PARCEL OF LAND LOCATED AT 10313 PROSPERITY FARMS ROAD (WEST SIDE OF • 2 Minutes of Regular Session • Held Thursday, April 11, 1996 PROSPERITY FARMS ROAD BETWEEN PEPPERWOOD NORTH AND PEPPERWOOD SOUTH) 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-2MULTIPLE-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. President Pro Tem Kelley seconded the motion. The motion passed 3-2, with Councilman O'Meilia, President Pro Tem Kelley, and Mayor Marks voting aye, and Councilman Vastola and Vice Mayor Valente voting nay. BILL 819 -SANCTUARY COVE PHASE II P.U.D. -PLACED ON FIRST READING Councilman Vastola moved that Bill 819 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF • NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "SANCTUARY COVE PHASE II" UPON THOSE CERTAIN LANDS COMPRISING 29.8 ACRES, MORE OR LESS, LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A 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 A CASH CONTRIBUTION AS A CONDITION FOR THE APPROVAL OF THE SUBDIVISION 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 OR THE FEE SIMPLE OWNER; PROVIDING THAT ALL BOAT SLIPS AND DOCKS SHALL BE PRIVATE AND NON-COMMERCIAL; PROVIDING FOR REVIEW AND APPROVAL OF CONDOMINIUM DOCUMENTS OR HOMEOWNERS' DOCUMENTS, IF ANY, BY THE VILLAGE ATTORNEY; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER PRIOR TO • 3 Minutes of Regular Session Held Thursday, April 11, 1996 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 OR RENTAL CENTER BY THE VILLAGE PLANNING COMMISSION; PROVIDING FOR DETERMINATION OF WETLANDS AND FOR APPROVALS AND PERMITS NECESSARY FROM REGULATORY AGENCIES; PROVIDING PROCEDURE FOR MODIFICATIONSTO THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR SEVERABILITY; 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 O'Meilia seconded the motion. During discussion regarding the amount of cash contribution, the Council agreed that the • amount agreed upon during this meeting could be changed at the time of second reading, pending the completed appraisal. Councilman O'Meilia moved to insert on Page 3, Section 3. of the ordinance a tentative cash contribution of $250,000 due upon issuance of the first building permit, or three years from the effective date hereof, whichever event first occurs. President Pro Tem Kelley seconded the motion. The motion passed 4-1, with Councilman O'Meilia, President Pro Tem Kelley, Vice Mayor Valente and Mayor Marks voting aye, and Councilman Vastola voting nay. By consensus, the Council agreed to insert language on Page 6, Section 10 which states that development of the Planned Unit Development shall be commenced within three (3) years of the effective date of the ordinance, and that the Planned Unit Development shall be completed within ten (10) years. Additionally, Page 7, Section 12. was revised by deleting the phrase "however, there shall be no mitigation of shore line mangroves under any circumstances". Thereafter, the original motion passed 3-2, with Councilman Vastola, Councilman O'Meilia and President Pro Tem Kelley voting aye, and Vice Mayor Valente and Mayor Marks voting nay. 4 Minutes of Regular Session • Held Thursday, April 11, 1996 BILL 820 -REZONING OF SANCTUARY COVE PHASE II PROPERTY -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 820 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND APPROXIMATELY 29.8 ACRES LOCATED IMMEDIATELY SOUTH OF MONET ROAD, NORTH OF GARDEN LANE, WEST OF INTRACOASTAL WATERWAY, 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-2 MULTIPLE-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. President Pro Tem Kelley seconded • the motion. The motion passed 3-2, with Councilman O'Meilia, President Pro Tem Kelley and Councilman Vastola voting aye, and Vice Mayor Valente and Mayor Marks voting nay. The meeting recessed at 9:00 p.m. and reconvened at 9:10 p.m. BILL 821 - NPBCC BUDGET AMENDMENT -SPECIAL LEGAL SERVICES -ENACTED AS ORD. 14-96 Councilman O'Meilia moved that Bill 821 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB FUND BUDGET FOR FISCAL YEAR 1995-96 TO APPROPRIATE FUNDS FOR SPECIAL LEGAL SERVICES be placed on first reading and read by title alone. President Pro Tem Kelley seconded the motion. • 5 Minutes of Regular Session • Held Thursday, April 11, 1996 During discussion, the Council by consensus agreed that the $19,000 being appropriated should be put into different line items, as follows: $13,750 (SAS) in L8070-33115 (Legal Settlement) and $5,250 in L8070-33112 (Special Legal Services). Thereafter, the motion passed 4-1, with Councilman O'Meilia, President Pro Tem Kelley, Vice Mayor Valente and Mayor Marks voting aye, and Councilman Vastola voting nay. After consideration by Village Attorney George Baldwin, the Village Council returned to Bill 821 later in the meeting for further review. Councilman O'Meilia moved to place Bill 821 on second and final reading on an emergency basis, with Vice Mayor Valente seconding the motion. The motion passed 4-1, with Councilman O'Meilia, Vice Mayor Valente, President Pro Tem Kelley and Mayor Marks voting aye, and Councilman Vastola voting nay. Councilman O'Meilia stated for the record that he made the motion for emergency passage because delay of payment of settlement past the due date of April 22, 1996 would result in the Village having to spend extra money for further legal negotiations. • Councilman O'Meilia moved that Bill 821 be enacted as Ordinance 14-96. President Pro Tem Kelley seconded the motion. The motion passed 4-1, with Councilman O'Meilia, President Pro Tem Kelley, Vice Mayor Valente and Mayor Marks voting aye, and Councilman Vastola voting nay. RESOLUTION 23-96 ADOPTED -BID AWARD FOR STREET RESURFACING Councilman Vastola moved that Resolution 23-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF FLORIDA HIGHWAY PRODUCTS, INC., LAKELAND, FLORIDA, FOR FURNISHING AND INSTALLING PAVEMENT RESURFACING IN THE AMOUNT OF $1.375 PER SQUARE YARD TOTAL, MAXIMUM AMOUNT OF $60,000.00, TO BE EXPENDED FROM ACCOUNT NO. A7321-34681 (R&M-STREET RESURFACING) be adopted. Councilman O'Meilia seconded the motion. During discussion, Manny Grinn, 536 Greenway Drive, told the Council that Greenway Drive would need another overlay in the near future, as Florida Highway Products, Inc. 6 Minutes of Regular Session • Held Thursday, April 11, 1996 had done a terrible job in the past, with pavement showing through the last overlay. Staff was directed to inspect Greenway Drive and report back to the Council. Thereafter, the motion passed 5-0. RESOLUTION 24-96 ADOPTED -BID AWARD FOR BALLFIELD GROOMER Vice Mayor Valente moved that Resolution 24-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF PIFER, INC., JUPITER, FLORIDA, FOR PURCHASE OF A CUSHMAN GROOM MASTER IN THE AMOUNT OF $7,290.00; FUNDS TO BE EXPENDED FROM ACCOUNT NO. A8023- 66490 (PARKS MAINTENANCE) be adopted. Councilman O'Meilia seconded the motion, and all present voted aye. RESOLUTION 25-96 ADOPTED -AGREEMENT WITH PALM BEACH DESIGN GROUP Councilman O'Meilia moved that Resolution 25-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH PALM BEACH DESIGN GROUP, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR ARCHITECTURAL SERVICES TO THE VILLAGE FOR A SENIOR CITIZENS BUILDING IN ANCHORAGE PARK AND A CONCESSION STAND IN OSBORNE PARK WITHIN THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Valente seconded the motion. The motion passed 4-1, with Councilman O'Meilia, Vice Mayor Valente, President Pro Tem Kelley and Mayor Marks voting aye, and Councilman Vastola voting nay. Vice Mayor Valente moved that Resolution 26-96 entitled: • 7 Minutes of Regular Session • Held Thursday, April 11, 1996 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A WRITTEN STIPULATION FOR SETTLEMENT OF COMPLAINT AND COUNTERCLAIM IN THAT CERTAIN LAWSUIT DESIGNATED AS SAS VENDING AND LEASING CO., INC., A FLORIDA CORPORATION, PLAINTIFF, VS. VILLAGE OF NORTH PALM BEACH, DEFENDANT, CASE NUMBER CL 95-7630 AD, WHICH STIPULATION IS ATTACHED AS EXHIBIT 'A"; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion. The motion passed 4-1, with Vice Mayor Valente, Councilman O'Meilia, President Pro Tem Kelley and Mayor Marks voting aye, and Councilman Vastola voting nay. RESOLUTION 27-96 ADOPTED -MODIFYING HARBOUR POINT MARINA-MILLINGS CAY P.U.D. Councilman Vastola moved that Resolution 27-96 entitled: • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING MINOR MODIFICATIONS TOTHE PLANNED UNIT DEVELOPMENT KNOWN AS "HARBOUR POINT MARINA" WHICH WAS CREATED BY ORDINANCE NO. 6-94 AND AMENDED BY ORDINANCE NO. 23-94 WHICH APPROVED THE DEVELOPMENT OF TWENTY-FOUR (24) TOWNHOMES ON 3.420 ACRES DESIGNATED AS PARCEL "D" AND KNOWN AS "MILLINGS CAY'; THE MINOR MODIFICATIONS BEING APPROVED ARE SET FORTH ON A DRAWING ATTACHED AS EXHIBIT "A" AND MADE A PART HEREOF; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Kelley seconded the motion. During discussion, Councilman O'Meilia moved to amend the resolution to allow setback of the wall to 17 feet from the right-of-way line, and to change the wording in the resolution by deleting the word "pools" in two places. Vice Mayor Valente seconded the motion to amend, and all present voted aye. • Minutes of Regular Session • Held Thursday, April 11, 1996 Thereafter, the original motion, as amended, passed 5-0. BUDGET TRANSFER APPROVED FOR SPECIAL LEGAL SERVICES Vice Mayor Valente moved to approve a budget transfer request in the amount of $10,000 from Council Contingency (A5540-49911) to Special Legal Services (A5105- 33112) to cover deficit in the account created by unexpected legal work. Councilman O'Meilia seconded the motion. During discussion, the motion was amended by consensus to change the amount of the transfer from $10,000 to $6,000, since an earlier budget amendment transferred monies from the Country Club Contingency for the Club's share of legal expenses. Thereafter, the motion, as amended, passed 5-0. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at • 10:23 p.m. Kathleen F. Kelly, MC, Villag Jerk • 9