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10-24-1996 VC REG-MMINUTES OF REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, OCTOBER 24, 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 Vice Mayor Valente gave the invocation, and Councilman Vastola led the public in the Pledge of Allegiance to the Flag. RECESS The meeting recessed at 7:32 p.m. for the purpose of completing the previously scheduled Public Hearing, and reconvened at 7:43 p.m. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Regular Session held 10/10/96 REPORT OF THE MAYOR Mayor Marks added a proposed ordinance relating to Coastal Construction Control Line (CCCL) in Palm Beach County as Item 11.g. on the Regular Agenda. Mayor Marks, on behalf of the Village Council, presented a plaque to Henry Gorman, in • appreciation of his service on the Country Club Administrative Board. Minutes of Regular Session • held Thursday, October 24, 1996 The Village Council was updated by the Village Manager regarding the proposed storage warehouse on U. S. One, north of PGA Blvd. Councilman Vastola moved to rescind the Council's letter to Palm Beach County, written at an earlier date, which objected to the proposed warehouse plans. Vice Mayor Valente seconded the motion, and all present voted aye. PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of the Planning Commission Public Hearing held 10/1/96 Minutes of the Country Club Administrative Board Meeting held 10/7/96 The following Minutes were returned for correction: Minutes of the Library Advisory Board Meeting held 9/24/96 -Page 1, last paragraph, sentence 3: change "to" to "the"; Page 2, last paragraph, first sentence: correct spelling of "library". Minutes of the Planning Commission Meeting held 10/1/96 -include reasons for negative votes cast. REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Councilman Vastola moved that the recommendation of the Planning Commission to "approve small scale future land use map series amendment 96-2 for Prosperity Harbor South based upon previous plan approvals but with expression of concern for loss of access to water" be received for file. Vice Mayor Valente seconded the motion, and all present voted aye. Vice Mayor Valente moved that recommendations 2, 3 and 4 of the Planning Commission be received fior file, as follows: 2. Recommended that Council deny "Comprehensive Plan amendment 96-3 due to land use changes associated with the pending P.U.D. of Prosperity Harbor North" 2 Minutes of Regular Session held Thursday, October 24, 1996 3. Recommend Council "approval of amendment to various sections of Appendix C, Zoning Code, to provide regulations regarding the location of telecommunications towers as submitted and to delete residential zoning districts" 4. Recommended to Council "an amendment to the Zoning Code reducing the number of parking spaces required for commercial retail uses in the C-A, C-B, and C-1 Commercial Districts to allow one (1) space per 200 square feet of retail floor space and excluding C-3 Zoning District from changes" Councilman O'Meilia seconded the motion, and all present voted aye. Vice Mayor Valente moved to receive and file the recommendation of the Country Club Administrative Board to "amend the NPBCC Budget for the fiscal year 1996-97 in order to appropriate funds for purchase of a pool filtration system and to approve budget transfer in the amount of $110,000.00 from the Country Club Retained Earnings (L4600- 09100) to L8051-66210 (Pool-Construction & Renovation} for funding the stated project". Councilman O'Meilia seconded the motion, and all present voted aye. VILLAGE MANAGER'S REPORT Village Attorney George Baldwin distributed copies of the Contract for Sale and Purchase of the proposed Public Safety facility site, which he had received and reviewed, and which includes all the changes requested by him in September. DECLARATIONS OF EX PARTE COMMUNICATIONS Councilman Vastola reported a telephone conversation with Larry Smith on October 23, 1996 regarding the Twin City Mall gas station amendment. Councilman O'Meilia reported receipt of four letters to the Council, as stated: 1) Urban Land Consulting dated 8/20/96; Samuel Cantor dated 9/11/96; Dennis Koehler dated 9/9/96; and Dennis Koehler dated 10/18/96. BILL 841 TABLED -AMENDING CI-3 ZONING DISTRICT -ADDITIONAL USE Vice Mayor Valente moved that Bill 841 entitled: ADDENDUM TO MINUTES OF OCTOBER 24, 1996 . REGULAR SESSION In fact, the Minutes of Thursday, October 24, 1996, were approved as written by the Village Ccuncil on November 12, 1996, but subsequently an error was found on Page 4, Paragraph 5 and was consequently corrected to read as follows: Change motion by Councilman O'Meilia to state that "Bill 841 be placed on second reading and read by title alone". // 1 ., J /// B..>.. D9mC~ Minutes of Regular Session held Thursday, October 24, 1996 AN ORDINANCE OF -THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (10) OF SECTION 45-34.1, C-3 REGIONAL. BUSINESS DISTRICT, OF ARTICLE III OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE FOR THE PURPOSE OF ADDING THE ADDITIONAL LAND USE OF AUTOMOBILE SERVICE -STATIONS WHEN APPROVED IN RESPONSE TO A SPECIFIC PUD APPLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be tabled. Councilman Vastola seconded the motion. The motion passed 3-2, with Mayor Marks, Councilman Vastola and Vice Mayor Valente voting aye, and Councilman O'Meilia and President Pro Tem Kelley voting nay. After a request for procedure clarification and for purposes of discussion, Vice Mayor Valente moved to take Bill 841 from the table. Councilman Vastola seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 841 be placed one a id ng and read by title alone. President Pro Tem Kelley seconded the motion. After discussion, the motion failed 2-3, with Councilman O'Meilia and President Pro Tem Kelley voting aye, and Councilman Vastola, Vice Mayor Valente and Mayor Marks voting nay. As called for in special procedures, Councilman Vastola moved to table Bill 841 until a time after the joint Council/Commission meeting can discuss it further. Vice Mayor Valente seconded the motion, and all present voted aye. BILL 842 TABLED -AMENDING ORD. 33-95 (TWIN CITY MALL P.U.D. AGREEMENT) Councilman Vastola moved that Bill 842 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2 OF ORDINANCE NO. 33-95 WHICH CREATED A PLANNED UNIT // dd~~d~ 4 ~ Jca ~ d ~~~ Minutes of Regular Session held Thursday, October 24, 1996 DEVELOPMENT UPON LANDS WITHIN THE C-3 REGIONAL BUSINESS DISTRICT LOCATED AT THE SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND U. S. HIGHWAY 1 (FORMERLY KNOWN AS THE TWIN CITY MALL) FOR THE PURPOSE OF APPROVING AN ADDITIONAL LAND USE OF AN AUTOMOBILE SERVICE STATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be tabled to a time after the joint Council/Commission meeting. Vice Mayor Valente seconded the motion, and all present voted aye. BILL 840 - DISTANCE REQUIREMENTS BETWEEN AUTOMOBILE SERVICE STATIONS Councilman Vastola moved that Bill 840 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION L (1) OF SECTION 45-36, GENERAL PROVISIONS, OF ARTICLE I II OF APPENDIX C-ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE AMENDING THE REQUIRED DISTANCE BETWEEN GASOLINE, OIL FILLING STATIONS AND SERVICE STATIONS WITHIN THE VILLAGE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be tabled to a time after the joint Council/Commission meeting. Vice Mayor Valente seconded the motion, and all present voted aye. BILL 846 -AMENDING 1996-97 BUDGET FOR "COPS MORE" GRANT -PLACED ON FIRST READING Vice Mayor Valente moved that Bill 846 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR Minutes of Regular Session held Thursday, October 24, 1996 FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS FOR THE PURCHASE OF 5 (FIVE) LAP-TOP COMPUTERS AND ASSOCIATED SOFTWARE WHICH IS ALSO FUNDED BY THE FCM (FEDERAL COPS MORE) GRANT be placed on first reading and read by title alone. Councilman Vastola seconded the motion, and all present voted aye. Vice Mayor Valente moved that Bill 847 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS IN THE AMOUNT OF $43,350 FOR THE NEW PUBLIC SAFETY FACILITY ENGINEERING AND PLANNING be placed on fiirst reading and read by title alone. Councilman O'Meilia seconded the motion, and all present voted aye. BILL 848 -ZONING IN PROGRESS MORATORIUM -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 848 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FOR AND IMPOSING A THREE (3) MONTH MORATORIUM EXTENSION ON THE ISSUANCE OF PERMITS FOR ADDITIONAL WIRELESS COMMUNICATIONS FACILITIES INCLUDING ANTENNA TOWERS WITHIN THE MUNICIPAL LIMITS OF THE VILLAGE; PROVIDING FINDINGS OF FACT; 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, and all present voted aye. Minutes of Regular Session held Thursday, October 24, 1996 BILL 853 -AMENDING BUDGET FOR COASTAL CONSTRUCTION CONTROL LINE PROJECT Vice Mayor Valente moved that Bill 853 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 1996-97T0 APPROPRIATE FUNDS IN THE AMOUNT OF $10,000 FOR COASTAL CONSTRUCTION CONTROL LINE PROJECT be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion. During discussion, it was determined that a budget amendment was not required at this time, and the motion and second were withdrawn. Vice Mayor Valente moved to proceed with supporting the concept of CCCL authority being delegated from the state to Palm Beach County, with willingness to discuss the funding of said authority. 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. RECESS The meeting recessed at 8:45 p.m., and reconvened at 8:55 p.m. RESOLUTION 64-96 ADOPTED -APPOINTING MEMBERS TO CONSTRU_ C_ TION BOARD OF ADJUSTMENT By written ballot, copies of which are attached to the official Minutes of Record, the Village Council appointed William Tracy to the Architect's position on the Construction Board of Adjustment and Appeals. Additionally, the Council, by consensus, appointed sole applicant David DuFault to the Heating and Air Conditioning Contractor position. The names of the aforementioned appointees were then entered into Resolution 64-96. President Pro Tem Kelley left the Regular Session at 9:10 p.m. C 7 Minutes of Regular Session • held Thursday, October 24, 1996 Councilman O'Meilia moved that Resolution 64-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS OF THE VILLAGE OF NORTH PALM BEACH be adopted. Councilman Vastola seconded the motion, and all present voted aye. Discussion ensued regarding the moving of one Alternate member to a Regular position, and the moving of one Regular member to an Alternate position, to satisfy new requirements of the Board as established in the Building Code. Councilman O'Meilia moved that Anthony Agrusa be changed from 1st Alternate to Regular position for plumber, and Anthony Bontempo to 1st Alternate. Vice Mayor Valente seconded the motion, and all present voted aye. RESOLUTION 65-96 ADOPTED -EASEMENT AGREEMENT WITH SUA Vice Mayor Valente moved that Resolution 65-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE -AND DELIVER AN EASEMENT DEED TO SEACOAST UTILITY AUTHORITY ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF THE AUTHORITY INSTALLING A SEWER MAIN TO BE SHARED BY THE VILLAGE'S OSBORNE PARK FACILITIES AND FIRST PRESBYTERIAN CHURCH OF NORTH PALM BEACH; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Vastola seconded the motion, and all present voted aye. ANCHORAGE PARK RECREATION BUILDING PROJECT -SITE PLAN APPROVED Vice Mayor Valente moved to approve the preliminary design and site plan of the Community Activities Building at Anchorage Park, as presented by Palm Beach Design Group. Councilman Vastola seconded the motion, and all present voted aye. Minutes of Regular Session held Thursday, October 24, 1996 Councilman O'Meilia moved to authorize staff to complete negotiations to modify the architect's contract on the Anchorage Park/Herb Watt Building, and to recommend funding. Councilman Vastola seconded the motion, and all present voted aye. HOLIDAY MEETING SCHEDULE APPROVED Vice Mayor Valente moved to cancel Village Council meetings of 11/28/96 and 12/26/96, in observance of Thanksgiving and Christmas holidays. Councilman Vastola seconded the motion, and all present voted aye. 1996-97 PALM BEACH COUNTY RECREATION GRANT _ _ _ _ Vice Mayor Valente moved to authorize staff to apply for the 1996-97 Palm Beach County Recreation Grant in the amount of $50,000, to be used for outdoor lighting at the Community Center. Councilman Vastola seconded the motion,-and all present voted aye. DECLARATION OF SURPLUS EQUIPMENT _ Councilman Vastola moved to declare black plastic Council Chambers chairs as surplus equipment, and to approve donation of said chairs to Villa Franciscan, housing project for low-income elderly. Councilman O'Meilia seconded the motion, and all present voted aye. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:35 p.m. thleen F. Kelly, CMC, Villag lerk • 9 • ~r~Rtrr5 TALLY SHEET CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS 10/24/96 Hullihan, Timothy Tracy, William CBA.BAL ~- BALLOT CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS 10/24/96 • ~- Select 1 name: Hullihan, Timothy Tracy, William ~~.s~ CONSTRUCTION BOARD Select 1 name: Hullihan, Timothy Tracy, William BALLOT OF ADJUSTMENT AND APPEALS 10/24/96 ~" ~e..~~ .~ CONSTRUCTION BOARD Select 1 name: Hullihan, Timothy Tracy, William BALLOT OF ADJUSTMENT AND APPEALS 10/24/96 \J t ~ • (Signature) can. snt CONSTRUCTION BOARD Select 1 name: Hullihan, Timothy Tracy, William BALLOT OF ADJUSTMENT AND APPEALS 10/24/96 /-QCs • (Sign t re) CBA. BAL BALLOT CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS 10/24/96 • Select 1 name: Hullihan, Timothy Tracy, William (Signature) CBA. BAL