08-22-1996 VC REG-MMINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, AUGUST 22, 1996
Present: 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
Absent:
V. A. Marks, M. D., Mayor
ROLL CALL
Vice Mayor Valente called the meeting to order at 7:30 p.m. All members of Council were
present except Mayor Marks, who was absent due to illness. All members of staff were
present.
~- RECESS
The meeting recessed at 7:31 p.m. for the purpose of continuing the Public Hearing on
the Evaluation and Appraisal Report. Regular Session reconvened at 7:40 p.m.
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 written:
Minutes of Regular Session held 8/8/96
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Country Club Administrative Board Meeting held 8/5/96
Minutes of Recreation Advisory Board Meeting held 8/13/96
Minutes of Regular Session
held Thursday, August 22, 1996
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
Councilman O'Meilia moved to receive for fiile the recommendation of the Country Club
Administrative Board that Council "approve a budget transfer in the amount of $2,500.00
for Account L8051-34330 (Gas-Pool) from Account L8070-49910 (Country Club
Contingency) in order to fund current negative balance and to fund for the balance of
fiscal year 1995/56". President Pro Tem Kelley seconded the motion, and all present
voted aye.
VILLAGE MANAGER'S REPORT
The Village Manager distributed a memo from Golf Course Superintendent John Morsut
regarding an emergency repair on 50 hp irrigation motor and pump.
Councilman Vastola moved to approve the emergency repair and transfer of funds in the
amount of $8,500.00 from L8070-49910 (Country Club Contingency) to L8045-34683
(R&M-Golf Course). President Pro Tem Kelley seconded the motion, and all present
voted aye.
DECLARATION OF EX PARTE COMMUNICATIONS _ __
The Council declared receipt of letters from Joan Sauer and Ben Ogle, residents of
Pirates Cove, regarding Prosperity Harbor North.
BILL 839 -RESCINDING PROSPERITY HARBOR NORTH ORD. 29-91 -PLACED ON
SECOND READING AND ENACTED AS ORD. 30-96
Councilman O'Meilia moved that Bill 839 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, RESCINDING AND REPEALING
ORDINANCE NUMBER 29-91 ENACTED BY THE VILLAGE COUNCIL ON
SEPTEMBER 19, 1991, WHICH ORDINANCE CREATED A PLANNED
UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR NORTH"
UPON THOSE LANDS LOCATED WITHIN THE VILLAGE AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED; 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, August 22, 1996
be placed on second reading and read by title alone. Councilman Vastola seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 839 be enacted as Ordinance 30-96. President Pro
Tem Kelley seconded the motion, and all present voted aye.
BILL 834 -CREATING PROSPERITY HARBO_ R NORTH P.U.D. -PLACED ON SECOND
READING AND ENACTED AS ORD. 31-96
Councilman O'Meilia moved that Bill 834 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT
DEVELOPMENT KNOWN AS "PROSPERITY HARBOR NORTH" UPON
THOSE CERTAIN LANDS COMPRISING 35.72 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 CONVEYANCE OF TITLE TO THE
VILLAGE OF PARCEL OF LAND 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
PROVIDING FOR MAINTENANCE OF SAME; PROVIDING THAT ALL
BOAT SLIPS AND DOCKS SHALL BE PRIVATE AND NON-
COMMERCIAL; PROVIDING FOR REVIEW AND APPROVAL OF
HOMEOWNERS' DOCUMENTS, IF ANY, 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
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
3
Minutes of Regular Session
• held Thursday, August 22, 1996
MODIFICATIONS TO 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 second reading and read by title alone. President Pro Tem Kelley
seconded the motion.
During discussion, Councilman O'Meilia moved to amend Bill 834 by adding the following
language to Section 2:
All lighting of streets shall be approved by the Village Planning Commission sitting
as the Village Appearance Board.
The existing mangroves shall remain except when removal is necessary to allow
for the installation of improvements. Removal must be approved and permitted by
the appropriate regulatory agencies as required by Section 19.
Prior to the issuance of any building permit for any structure or building upon the
real property described in Exhibit "A", the Petitioner shall surface the existing 14-
foot wide Canal Drive shell rock road with 1 1/2-inch asphalt wearing surface. The
Village will not be responsible for the maintenance of the road.
Councilman Vastola seconded the motion, and all present voted aye.
Councilman Vastola moved to amend Bill 834 by adding language to the aforementioned
amendment regarding lighting of streets that "special consideration be given by the
Planning Commission to low in height street lighting to comply with the Standards ofi the
American Traffic Institute". President Pro Tem Kelley seconded the motion, and all
present voted aye.
Thereafter, the original motion, as amended, passed 4-0.
Councilman O'Meilia moved that Bill 834 be enacted as Ordinance 31-96. President Pro
Tem Kelley seconded the motion, and all present voted aye.
4
Minutes of Regular Session
held Thursday, August 22, 1996
BILL 835 -REZONING PORTION OF PROSPERITY HARBOR NORTH P.U.D. -PLACED
ON SECOND READING-AND ENACTED AS ORD. 32-96
Councilman O'Meilia moved that Bill 835 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND
APPROXIMATELY 6.37 ACRES LOCATED EAST OF PROSPERITY
FARMS ROAD, NORTH OF MONET ROAD AND WEST OF THE
INTRACOASTAL WATERWAY 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-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. Councilman Vastola seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 835 be enacted as Ordinance 32-96. President Pro
Tem Kelley seconded the motion, and all present voted aye.
BILL 836 -ANNEXATION OF S. W. NEIGHBORHOOD III -PLACED ON SECOND
READING AND ENACTED AS ORD. 33-96
Councilman Vastola moved that Bill 836 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ANNEXING TO THE VILLAGE
CERTAIN AREAS OF PROPERTY GENERALLY KNOWN AS
SOUTHWEST NEIGHBORHOOD III AND BOUNDED ON THE EAST BY
PROSPERITY FARMS ROAD, ON THE SOUTH BY NORTHLAKE
BOULEVARD, ON THE WEST BY FEC RAILWAY AND ON THE NORTH
BY THE NORTH SIDE OF HONEY ROAD; PROVIDING A LEGAL
DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED;
REDEFINING THE BOUNDARIES OF THE VILLAGE TO INCLUDE SAID
PROPERTY; CALLING FOR A REFERENDUM ELECTION WITHIN THE
AREA PROPOSED TO BE ANNEXED; DIRECTING THE VILLAGE CLERK
• 5
Minutes of Regular Session
• held Thursday, August 22, 1996
TO PUBLISH NOTICE OF THE REFERENDUM; AND, PROVIDING FOR
AN EFFECTIVE DATE
be placed on second reading and read by title alone. President Pro Tem Kelley
seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 836 be enacted as Ordinance 33-96. President Pro
Tem Kelley seconded the motion, and all present voted aye.
D
CODE -PLACED ON SECOND READING AND ENACTED AS ORD. 34-96
Councilman O'Meilia moved that Bill 837 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION N(1) OF
• SECTION 45-36, GENERAL PROVISIONS, OFARTICLE III OFAPPENDIX
C-ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE
PROHIBITING THE RETAIL SALE OF ALCOHOLIC BEVERAGES WITHIN
FIVE HUNDRED (500) FEET OF A CHURCH, SYNAGOGUE, TEMPLE OR
OTHER PLACE OF WORSHIP WITHIN ZONING DISTRICT C-3,
REGIONAL BUSINESS 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 Vastola seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 837 be enacted as Ordinance 34-96. President Pro
Tem Kelley seconded the motion, and all present voted aye.
BILL 838 - ADDING DISTANCE RESTRICTIONS FOR SALE OF ALCOHOLIC
BEVERAGES IN C-3 ZONING DISTRICT IN C-3 REGIONAL BUSINESS DISTRICT OF
ZONING CODE -PLACED ON SECOND READING AND ENACTED AS ORD. 35-96
Councilman O'Meilia moved that Bill 838 entitled:
•
6
Minutes of Regular Session
. held Thursday, August 22, 1996
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADDING A SUBSECTION (9) TO
SECTION 45-34.1, C-3 REGIONAL BUSINESS DISTRICT, OF ARTICLE
III OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE
BILLAGE FOR THE PURPOSE OF PROHIBITING RETAIL SALES OF
ALCOHOLIC BEVERAGES WHEN THE PROPOSED PLACE OF
BUSINESS IS WITHIN FIVE HUNDRED (500) FEET OF A CHURCH,
SYNAGOGUE, TEMPLE OR OTHER PLACE OF WORSHIP; 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 Vastola seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 838 be enacted as Ordinance 35-96. Councilman
Vastola seconded the motion, and all present voted aye.
RESOLUTION 56-96 ADOPTED -EVALUATION AND APPRAISAL REPORT (EAR).
Councilman O'Meilia moved that Resolution 56-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ADOPTING AN EVALUATION AND
APPRAISAL REPORT FOR THE VILLAGE OF NORTH PALM BEACH IN
ACCORDANCE WITH THE "LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT ACT", BEING SECTIONS
163.3161 ET. SEQ., FLORIDA STATUTES, ATTACHED AS EXHIBIT "A";
AUTHORIZING AND DIRECTING VILLAGE STAFF TO TRANSMIT-THIS
RESOLUTION AND ACCOMPANYING REPORT TO THE DEPARTMENT
OF COMMUNITY AFFAIRS FOR SUFFICIENCY REVIEW; AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Kelley seconded the motion.
During discussion, in addition to the changes already submitted, Councilman O'Meilia
moved to include changes as stated in his memo of August 13, 1996. Councilman Vastola
seconded the motion, and all present voted aye.
• Thereafter, the motion to adopt Resolution 56-96 passed 4-0.
7
Minutes of Regular Session
• held Thursday, August 22, 1996
RESOLUTION 57-96 ADOPTED - APPOINTING MEMBER TO RECREATION
ADVISORY BOARD
Prior to balloting, Councilman Vastola moved that 2nd Alternate Clark Rippler be moved
up to the regular member position on the Recreation Advisory Board. Councilman
O'Meilia seconded the motion, and all present voted aye.
By written ballot, copies of which are attached to the official Minutes of Record, the
Village Council appointed Kenneth Mays as the 2nd Alternate on the Recreation Advisory
Board. The name of Kenneth Mays was entered into Resolution 57-96.
Councilman Vastola moved that Resolution 57-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING A MEMBER TO THE RECREATION ADVISORY
BOARD OF THE VILLAGE OF NORTH PALM BEACH
be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye.
HIRING FREEZE LIFTED ON PUBLIC SAFETY OFFICER POSITION _
Councilman Vastola moved to lift the hiring freeze on a Public Safety Officer position Qob
code #5711-0141) in the North Palm Beach Public Safety Department; reference position
audit and needs assessment submitted in accordance with the hiring freeze policy.
President Pro Tem Kelley seconded the motion, and all present voted aye.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
9:10 p.m.
•,~I~athleen F. Kelly, CMC, Village Jerk