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08-12-1999 VC REG-M. MINUTES OF THE REGULAR SESSION - OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, AUGUST 12, 1999 Present: Dr. Edward M. Eissey, Mayor Joseph A. Tringali, Vice Mayor Gail H. Vastola, President Pro Tem Charles R. O'Meilia, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk Absent; ROLL CALL David B. Norris, Councilman Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were present except Councilman Norris, who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Tringali gave the invocation, and Mayor Eissey led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Public Hearing on Hyland Settlement held 7122/99 Minutes of Public Hearing on Bi11964 held 7/22/99 Minutes of Public Hearing on Bi11965 held 7/22/99 Minutes of Regular Session held 7/22/99 REPORT OF THE MAYOR Mayor Eissey presented a plaque to Public Services Director Tom Hogarth, which was awarded to the Village of North Palm Beach by the Federal Emergency Management Agency for the Village's participation in its National Flood Insurance Program Community Rating System. The • Village has earned a reduction of rates in flood insurance for those residents who live in a flood zone as a result of its participation in this program. Minutes ofRegular Session Held Thursday, August 12, 1999 STATEMENTS FROM THE PUBLIC Mr. and Mrs. James Daley of Robalo Court addressed the Council with a request to have an exception made to the screening requirement for recreational vehicles. Mr. Daley is dependent on a recreational vehicle for daily transportation due to a health condition, for which he presented a letter from his treating physician. Mrs. Daley told the Council that because they live in a duplex on Robalo Court, they are unable to comply with the Code to park the vehicle elsewhere or to screen it. The staff was directed to review this matter and bring back a recommendation to the Council at the next meeting. RECESS The meeting recessed at 7:50 p.m. for the purpose of hearing public discussion regarding Workshop Item 4.a. (Prosperity Harbor South P. U. D. amendment. The Regulaz Session reconvened at 9:45 p.m. CONSENT AGENDA APPROVED Vice Mayor Tringali moved to approve the Consent Agenda. President Pro Tem Vastola seconded the motion, and all present voted aye. The following items were approved: Receive Minutes of Country Club Administrative Board Meeting held 8/2/99 Approve budget transfer in the amount of $6,000 from L8070-49910 (Country Club Contingency) to various line items to cover additional costs of operations during renovations of the Country Club Clubhouse Declare 24 aluminum lighting fixtures at the North Palm Beach Country Club as surplus Approve layoff compensation for General Services clerk effective 8/2/99 through 9/30/99 in the amount of $3,745.50 from A4902-11210 (Regulaz Pay) Receive and file recommendation of Country Club Administrative Board that Council approve "transfer of $12,000 from L8045-33435 (tree removal) under the Golf Course Maintenance budget to L8045-35222 (trees & sod) Receive and file recommendation of the Country Club Administrative Board regazding the Landscaping Plan on U. S. 1 that "the-plan needs to have denser, thicker and higher frees (100% ficus trees) in order to more adequately protect U. S. 1 from stray golf balls BILL 963 -OUTDOOR SEATING -ENACTED AS ORD. 27-99 i • Councilman O'Meilia moved that Bill 963 entitled: 2 Minutes of Regular Session _ _ _ Held Thursday, August 12, 1999 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUB-SECTIONS B2 AND C1 OF SECTION 45-31, C-A, COMMERCIAL DISTRICT; AMENDING SUB-SECTIONS.B2 AND C1 OF SECTION 45- 31.1, CB COMMERCIAL DISTRICT; AMENDING SUB-SECTION Gl OF SECTION 45-32 C-lA, LIMITED COMMERCIAL DISTRICT; AND AMENDING SUB-SECTION G2 OF SECTION 45-33, C-1, NEIGHBORHOOD COMMERCIAL DISTRICT, OF ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE TO ALLOW RESTAURANTS THAT ARE PERMITTED USES WITHIN THEIR DISTRICTS TO HAVE OUTDOOR SEATING WHEN QUALIFYING UNDER THE OUTDOOR SEATING PROVISIONS OF APPENDIX C-ZONING OF THE CODE; 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 Vastola seconded the motion, and all present voted aye. President Pro Tem Vastola moved that Bill 963 be enacted as Ordinance 27-99. Vice Mayor Tringali seconded the motion, and all present voted aye. BILL 968 -COUNCIL SALARY ADJUSTMENT -PLACED ON FIRST READING President Pro Tem Vastola moved that Bi11968 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-16 OF ARTICLE II, COUNCIL, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE BY ESTABLISHING COMPENSATION FOR THE MAYOR AND INCREASING COMPENSATION OF THE VILLAGE COUNCIL; 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 Tringali seconded the motion, and all present voted aye. BILL 969 -GROUP HEALTH PREMIUMS -PASSED AS EMERGENCY ORDINANCE 28-99 President Pro Tem Vastola moved that bi11969 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 1998- • 99 TO APPROPRIATE FUN DS IN THE AMOUNT OF $180,000 FOR THE EMPLOYEE BENEFIT GROUP HEALTH PROGRAM Minutes of Regular Session Held Thursday, August 12, 1999 • Be placed on first and final reading and read by title alone. Councilman O'Meilia seconded the motion. During discussion, the Council requested that the Finance Department provide a financial statement covering the history of the past 3 years for this particular line item in the budget. Thereafter, the motion passed 4-0. Councilman O'Meilia moved that Bill 969 be enacted as Ordinance 28-99, on an emergency basis. Vice Mayor Tringali seconded the motion, and all present voted aye. RESOLUTION 42-99 ADOPTED -FINAL PLAT APPROVAL FOR NORTH PALM BEACH MARKETPLACE Vice Mayor Tringali moved that Resolution 42-99 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PLAT OF NORTH PALM MARKETPLACE ATTACHED AS EXHIBIT `A"; AUTHORIZING THE DELIVERY OF THE PLAT FOR RECORDING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman O'Meilia seconded the motion, and all present voted aye. RESOLUTION 43-99 ADOPTED -GRANTING SEAWALL ANCHOR EASEMENT Councilman O'Meilia moved that Resolution 43-99 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZIING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE AND DELIVER TO WCI COMMUNITIES, INC. THE GRANT OF EASEMENT ATTACHED AS EXHIBIT "A", WHICH GRANT IS FOR A PERPETUAL NON-EXCLUSIVE SEAWALL ANCHOR EASEMENT WITHIN THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor Tringali seconded the motion, and all present voted aye. RESOLUTION 44-99 ADOPTED -ABANDONING GARDEN LANE _ Councilman O'Meilia moved that Resolution 44-99 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ABANDONING THAT CERTAIN PORTION OF THE 20.00 FOOT WIDE ROAD RIGHT OF • WAY KNOWN AS GARDEN LANE SITUATED IN SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, .FLORIDA; AND AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO FORWARD A CERTIFIED COPY OF THIS 4 Minutes of Regular Session Held Thursday, August 12, 1999 • RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS; AND, PROVIDING FOR RECORDATION; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF Be adopted. Vice Mayor Tringali seconded the motion, and all present voted aye. RESOLUTION 45-99 ADOPTED - OUIT-CLAIM DEED FOR GARDEN LANE Councilman O'Meilia moved that Resolution 45-99 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 THE QUIT-CLAIM DEED ATTACHED AS EXHIBIT `A" TO WCI COMMUNITIES, INC., WHICH DEED QUIT-CLAIMS A TWENTY (20) FOOT WIDE EXTENSION OF GARDEN LANE LOCATED BETWEEN THE EASTERLY LIMITS OF SANCTUARY COVE PUD AND THE NORTH PALM BEACH WATERWAY WITHIN THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor Tringali seconded the motion, and all present voted aye. RESOLUTION 46-99 ADOPTED -QUIT CLAIM DEED FOR 60-FT.WIDE PARCEL Councilman O'Meilia moved that Resolution 46-99 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 THE QUIT-CLAIM DEED ATTACHED AS EXHIBIT "A" TO WCI COMMUNITIES, INC., WHICH DEED QUIT-CLAIMS A SIXTY (60) FOOT WIDE PARCEL OF LAND LOCATED BETWEEN THE EAST RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AND THE NORTH PALM BEACH WATERWAY WITHIN THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor Tringali seconded the motion, and all present voted aye. RESOLUTION 47-99 ADOPTED -RELEASE OF RIGHT, TITLE AND INTEREST Councilman O'Meilia moved that Resolution 47-99 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 THE DOCUMENT ENTITLED "RELEASE OF RIGHT, TITLE AND INTEREST" ATTACHED AS EXHIBIT "A", WHICH DOCUMENT RELEASES ANY AND ALL OF THE VILLAGE'S RIGHT, TITLE AND INTEREST IN AND • TO ROAD AND DITCH RESERVATIONS DESCRIBED THEREIN; AND, PROVIDING FOR AN EFFECTIVE DATE Minutes of Regular Session Held Thursday, August 12, 1999 . Be adopted. President Pro Tem Vastola seconded the motion, and all present voted aye. QUIT CLAIM DEED APPROVED FOR POSTED AND VIEWED ROAD RIGHT-OF-WAY Councilman O'Meilia moved to approve and deliver a quitclaim deed for posted and viewed road right-of--way to WCI Communities, Inc. President Pro Tem Vastola seconded the motion, and all present voted aye. It was agreed by consensus that a resolution would be brought forward at the Regular Session of August 26, 1999 to authorize the quitclaim deed. FINAL PLAT APPROVAL FOR HARBOUR ISLES TABLED UNTIL 8/26/99 President Pro Tem Vastola moved to adopt a resolution approving the final plat of Harbour Isles and authorizing and directing the Mayor and Village Clerk to execute the Mylar of the plat. Vice Mayor Tringali seconded the motion. During discussion, it was noted that at the time of purchase of the property, there might have been some restrictions on what could be done with the boundaries, as well a question about the Village being granted a drainage easement. Staff was directed to research the records in this regard. Councilman O'Meilia moved to table the resolution until the August 26, 1999 Regular Session. Vice Mayor Tringali seconded the motion, and all present voted aye. TELEPHONE SYSTEM FOR ALL VILLAGE DEPTS. APPROVED President Pro Tem Vastola moved to authorize the purchase of BellSouth's village-wide telephone system in the amount of $129,600 from A5509-66415 (Computer hardware & Software). Vice Mayor Tringali seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED FOR PENDING PUBLIC SAFETY BUILDING CONSTRUTION CONTRACT President Pro Tem Vastola moved to approve a budget transfer in the amount of $45,000 from K5710-49920 (Public Safety Capital) to K5710-66200 (Buildings) for the purpose of funding pending construction contract change orders for the Public Safety facility general contract. Councilman O'Meilia seconded the motion, and all present voted aye. CHANGE ORDER #4 -PUBLIC SAFETY BUILDING Councilman O'Meilia moved to approve Change Order #4 in the amount of $28,300.26 for the Public Safety facility general contract. Vice Mayor Tringali seconded the motion, and all present voted aye. Minutes of Regular Session Held Thursday, August 12, 1999 ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 10:59 p.m. Kathleen F. Kelly, CMC •