08-08-1996 VC REG-MMINUTES OF REGULAR SESSION
• OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, AUGUST 8, 1996
Present:
V. A. Marks, M. D., Mayor
Tom Valente, Vice Mayor
Gail Vastola, Councilman
Charles O'Meilia, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
Absent:
ROLL CALL
Larry Kelley, President Pro Tem
Mayor Marks called the meeting to order at 7:30 p.m. All members of Council were
present except President Pro Tem Kelley. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
• Mayor Marks 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 7/25/96
REPORT OF THE MAYOR
Councilman O'Meilia, who attended the recent Country Club Administrative Board
meeting, reported that, based on the recommendation of the Golf Course Superintendent,
the Country Club Administrative Board voted to cancel plans for renovation of holes 1 and
2 at the golf course.
At this time, Mayor Marks announced that Addendum I, Item 11.f. (Bill 839) was moved
forward as Item a. on the agenda.
STATEMENTS FROM THE PUBLIC _
• Morton Levin, 115 Lakeshore Drive, spoke before the Council regarding boats that anchor
out in the waterway. Mr. Levin reported that a federal grant is available to defray the cost
of putting in a pump station. He further stated that other municipalities, such as Daytona
Minutes of Regular Session
• Held Thursday, August 8, 1996
Beach and Ft. Lauderdale, have been able to enforce sanitation regulations by having
Coast Guard and Marine Police go on board, without the requirement of "probable cause"
to determine that proper sanitary facilities are provided in the vessel. The Village
Manager was directed to check into this matter.
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Planning Commission Public Hearing on EAR held 7/2/96
Minutes of Planning Commission Public Hearing on Annexation of S. W.
Neighborhood III
Minutes of Planning Commission Regular Meeting held 7/2/96
• Minutes of Country Club Administrative Board Meeting held 7/15/96
BILL 839 -RESCINDING AND REPEALING ORD. 29-91 (PROSPERITY HARBOR
NORTHI -PLACED ON FIRST READING
Vice Mayor Valente 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
be placed on first reading and read by title alone. Councilman O'Meilia seconded the
motion, and all present voted aye.
•
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Minutes of Regular Session
. Held Thursday, August 8, 1996
BILL 834 -CREATING PROSPERITY HARBOR NORTH P.U.D. -PLACED ON FIRST
READING
Councilman Vastola moved that Bill 835 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 FORTHE
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
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
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Minutes of Regular Session
• Held Thursday, August 8, 1996
be placed on first reading and read by title alone. Councilman O'Meilia seconded the
motion.
During discussion, Bob Bentz, on behalf on the developer, presented three proposed
amendments to the Planned Unit Development, as requested by Pirates Cove residents,
as follows: paving of Canal Road will be provided by the developer prior to issuance of
any building permits, as detailed in Paul Angelo's letter to Tom Hogarth dated August 6,
1996; existing mangroves shall remain except when removal is necessary to allow for the
installation of improvements; lighting within the PUD shall be accomplished by "on lot"
coach type lights or lamps, said lighting to be maintained by the individual property
owners or the Property Owners Association. The Council determined that the
responsibility of maintenance of Canal Road must be stated on the plat.
After discussion, the motion passed 4-0.
BILL 835 -REZONING PORTION OF PROS. PERITY HARBOR NORTH P.U.D. -PLACED
ON FIRST READING
• 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 first reading and read by title alone. Councilman Vastola seconded the
motion.
During discussion, the Council requested a copy of the survey prior to the second reading
on August 22nd, showing exactly where the line is going..
Thereafter, the motion passed 4-0.
•
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Minutes of Regular Session
. Held Thursday, August 8, 1996
BILL 836 -ANNEXATION OF SOUTHWEST NEIGHBORHOOD II -PLACED ON FIRST
READING
Vice Mayor Valente 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
TO PUBLISH NOTICE OF THE REFERENDUM; AND, PROVIDING FOR
AN EFFECTIVE DATE
be placed on first reading and read by title alone. Councilman O'Meilia seconded the
motion.
During discussion, the word "commonly" in the ordinance heading was changed to
"generally". Further, an effective date of December 31, 1996 was inserted in Section 5.
Thereafter, the motion passed 4-0.
BILL 837 -AMENDING DISTANCE RESTRICTIONS FOR SALE OF ALCOHOLIC
BEVERAGES IN C-3 ZONING DISTRICT IN GENERAL PROVISIONS OF ZONING
CODE -PLACED ON FIRST READING
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, OF ARTICLE I II OF APPENDIX
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
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Minutes of Regular Session
• Held Thursday, August 8, 1996
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 first reading and read by title alone. Councilman Vastola seconded the
motion, which passed 4-0.
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 FIRST READING
Councilman O'Meilia moved that Bill 838 entitled:
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 first reading and read by title alone. Vice Mayor Valente seconded the
motion, which passed 4-0.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
8:22 p.m.
r'l~.
• athleen F. Kelly, CMC, ViI ge Clerk
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