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06-27-1996 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JUNE 27, 1996 Present: V. A. Marks, M. D., 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: ROLL CALL Tom Valente, Vice Mayor Mayor Marks called the meeting to order at 7:30 p.m. All members of Council were present except Vice Mayor Valente, who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman O'Meilia gave the invocation, and Mayor Marks 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 6/13/96 REPORT OF THE MAYOR Mayor Marks presented the Government Finance Officers Association Distinguished Budget Presentation Award to Shaukat Khan, Finance Director, for Fiscal Year Beginning October 1, 1995. Mayor Marks called on Councilman Vastola, who gave a status report on Hazmat and the 800 Megahertz System. After a brief discussion regarding a possible raising of tonnage fees by waste haulers in the unincorporated areas of the County if the Solid Waste Authority doesn't extend their contracts, Councilman O'Meilia moved that the Mayor send a letter to the Solid Waste Minutes of Regular Session • held Thursday, June 27, 1996 Authority stating that, if the Authority does plans to extend the haulers' contracts, that it include language in the contracts to waive that part of the state law that allows haulers to continue their existing contracts for up to five years when that area is annexed by a municipality. President Pro Tem Kelley seconded the motion, and all present voted aye. PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of Library Advisory Board Meeting held 5/28/96 Minutes of Country Club Administrative Board Meeting held 6/3/96 Minutes of Planning Commission Public Hearing held 6/4/96 _ The following Minutes were returned for correction or clarification: Minutes of Planning Commission Meeting held 6/4/96 -Error was noted on Page 2, Item D.: Vote shown as 4-0 should be corrected to read 3-1. Minutes of Country Club Administrative Board Meeting held 6/17/96 -Page 2, Golf Course Maintenance, Mr. Morsut: States that Tom Fazio has been retained as architect for the renovation of holes 1 and 2. Council asks who authorized this, and if he has in fact not been retained, the paragraph should be corrected. REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Councilman Vastola moved to receive and file the recommendation of the Planning Commission (Minutes of 6/4/96) for "approval on a voluntary annexation of a 2.29 acre parcel of land located on the west side of the Intracoastal Waterway and approximately 500 feet north of Monet Road". President Pro Tem Kelley seconded the motion, and all present voted aye. President Pro Tem Kelley moved to receive and file the recommendation of the Planning Commission (Minutes of 6/4/96) for "approval to rezone, upon annexation, said parcel to R-1, Single Family Dwelling District". Councilman O'Meilia seconded the motion, and all present voted aye. U 2 Minutes of Regular Session held Thursday, June 27, 1996 Councilman Vastola moved to receive and file the recommendation of the Country Club Administrative Board (Minutes of 6/17/96) to "reject the bid from Ahrens Construction of West Palm Beach and to authorize re-bidding with modified specifications which are to include the extended footage and change in the pitch of the maintenance barn roof". President Pro Tem Kelley seconded the motion, and all present voted aye. VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly announced two S. W. Neighborhood public forums, the fiirst forum scheduled for residents on 7/16/96 at 7:30 p.m. in the Council Chambers, and the second meeting scheduled for commercial properties at 5:00 p.m. on 7/18/96 in the Council Chambers. Mr. Kelly said that letters will be mailed out to interested parties in the proposed annexation area inviting them to attend. Mayor Marks announced an agenda change, which was to move Item 12.a. to 13.b., as • a resolution cannot be adopted without additional preparation. DECLARATION OF EX PARTE COMMUNICATIONS President Pro Tem Kelley declared a communication from Henry Gorman, telephone call dated 6/19/96 regarding project at the North Palm Beach Country Club for design and construction of in the renovation of holes #1 and #2. The Village Council declared a communication from D. E. Josh Murray to the Village Council, letter dated 6/14/96, regarding Prosperity Harbor South. The Village Council declared a communication from County Commissioner Karen Marcus, letter dated June 12, 1996, regarding Prosperity Harbor North. Councilman Vastola declared the following communications regarding both Prosperity Harbor North and Prosperity Harbor South: Kevin Foley, verbally on 4/11/96; Josh Murray verbally on 5/9/96; Paul Angelo verbally on 5/9/96; and Gary Brandenburg, verbally on 5/22/96. 3 Minutes of Regular Session • held Thursday, June 27, 1996 BILL 827 -RESCINDING AND REPEALING ORD. 32-91 (PROSPERITY HARBOR SOUTH) -PLACED ON FIRST READING Councilman Vastola moved that Bill 827 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RESCINDING AND REPEALING ORDINANCE NUMBER 32-91 ENACTED BY THE VILLAGE COUNCIL ON SEPTEMBER 26, 1991, WHICH ORDINANCE CREATED A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR SOUTH" 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. • BILL 828 -CREATING PROSPERITY HARBOR SOUTH P.U.D. -PLACED ON FIRST READING Councilman Vastola moved that Bill 828 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR SOUTH" UPON THOSE CERTAIN LANDS COMPRISING 75.71 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 AND CONVEYANCE OF TITLE TO THE VILLAGE OF A 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 • 4 Minutes of Regular Session • held Thursday, June 27, 1996 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 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 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 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 first reading and read by title alone. President Pro Tem Kelley seconded the motion, and all present voted aye. During discussion, the Council was told during the developer's presentation that the oak trees will be protected when the filling begins, and would include tree wells, if necessary, and further, individual site grading, or lot grading, will also be done. The Council requested that this guarantee be included on the plans. RESOLUTION 46-96 -ARCHITECTURAL AGREEMENT WITH GEE AND JENSON - ADOPTED Councilman Vastola moved that Resolution 46-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO SIGN AN AGREEMENT WITH GEE & JENSON, ENGINEERS-ARCHITECTS-PLANNERS, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR THE DESIGN OF A NEW • 5 Minutes of Regular Session • held Thursday, June 27, 1996 PUBLIC SAFETY FACILITY FOR FIRE/EMS AND POLICE OPERATIONS FOR THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. RESOLUTION 47-96 -COMMUNITY DEVELOPMENT BLOCK GRANT -ADOPTED Councilman O'Meilia moved that Resolution 47-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR IMPLEMENTATION OF COMMUNITY . DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) ACTIVITIES WITHIN THE MUNICIPALITY INCLUSIVE OF URBAN RENEWAL AND PUBLICLY ASSISTED HOUSING; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. RENOVATION OF HOLES #1 AND #2 - NPBCC GOLF COURSE _ ,_ _ Councilman Vastola moved to approve the renovation/repair to holes #1 and #2 on the North Palm Beach Country Club golfi course. President Pro Tem Kelley seconded the motion. After discussion, Councilman Vastola and President Pro Tem Kelley withdrewtheir motion and second. Councilman O'Meilia moved to authorize the Country Club Administrative Board to negotiate with Mr. Fazio with the upper limit of $5,000 to redesign #1 and #2 greens, #1 tee area, #2 tee area, the cart staging area, and the putting greens area as laid out in the drawings submitted two weeks ago. Councilman Vastola seconded the motion, and all present voted aye. 6 Minutes of Regular Session • held Thursday, June 27, 1996 INTERLOCAL AGREEMENT FOR ANNEXATION OF ENCLAVE BETWEEN MCLAREN AND CAROLINDA ROADS APPROVED Councilman Vastola moved to approve a draft interlocal agreement with Palm Beach County for annexation of an enclave between McLaren and Carolinda Roads and to direct staff to submit same to County staff for approval and to schedule final agreement adoption between the Village Council and County Commission. Councilman O'Meilia seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:50 p.m. ~ ~ . ~thleen F. Kelly, CMC, Village erk • 7