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09-09-1999 VC REG-M• MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 9, 1999 Present: Dr. Edward M. Eissey, Mayor Joseph A. Tringali, Vice Mayor Gail H. Vastola, President Pro Tem David B. Norris, Councilman Charles R. O'Meilia, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Eissey 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 President Pro Tem Vastola gave the invocation, and Vice Mayor Tringali 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 8/26/99 Minutes of Special Session held 9/2/99 REPORT OF THE MAYOR On behalf of the Village Council, Mayor Eissey commended the St. Clare Girl's Varsity Basketball team and the St. Clare Boy's Varsity Basketball team for their regular and tournament championships under the direction of Coach Joe Bonikowski in the Palm Beach County Catholic Youth Athletic League. CONSENT AGENDA APPROVED President Pro Tem Vastola moved that the consent agenda be approved. Councilman O'Meilia • seconded the motion, and all present voted aye. The following items were approved: Accept and file Minutes of Planning Commission Public Hearing held 8/3/99 Minutes of Regular Session Held Thursday, September 9, 1999 • Accept and file Minutes of Planning Comrnission Meeting held 8/3/99 Endorse proposed Charter changes of the Palm Beach County League of Cities, Inc. Lift hiring freeze on Public Works Supervisor position in the Public Services Department, per position audit and needs assessment Accept Franchise Fee Compliance Review of Adelphia Cable report as submitted by Lewis & Associates REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Councilman O'Meilia reported that the study of the Lake Worth Lagoon had been completed, and that the report would be in the Clerk's Office and the North Palm Beach Library for anyone who is interested in reading it. VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly announced that the final Public Hearing on the 1999-2000 budget will be held on Tuesday, September 21, 1999 at 5:30 p.m. in the Council Chambers. EX PARTE COMMUNICATIONS Councilman Norris declared a conversation with Mike Simon regarding the proposed rv/boat screening ordinance change, Mayor Eissey declared a conversation regarding the same; President Pro Tem Vastola reported that she had a conversation regarding the Prosperity Harbor P. U. D. BILL 967 BOAT/RV SCREENING -DENIED President Pro Tem Vastola moved to take Bill 967 from the table. Vice Mayor Tringali seconded the motion. The motion passed 4-1, with President Pro tem Vastola, Vice Mayor Tringali, Councilman Norris and Mayor Eissey voting aye, and Councilman O'Meilia voting nay. President Pro Tem Vastola moved that Bill 967 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (87) OF SECTION 18-35, RECREATIONAL, BOATING AND CAMPING EQUIPMENT AND PERSONAL RECREATIONAL USE TRAILERS; PARKING ON RESIDENTIAL PROPERTY • RESTRICTED, OF ARTICLE III OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE ADDITIONAL SCREENING REQUIREMENTS FOR CORNER LOTS AND TO PROVIDE THAT WALLS, GATES OR FENCES SHALL BE 2 Minutes of Regular Session Held Thursday, September 9, 1999 • CONSTRUCTED IN ACCORDANCE WITH SECTION 45-36 (D) 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. Vice Mayor Tringali seconded the motion. The motion passed 4-1, with President Pro Tem Vastola, Vice Mayor Tringali, Councilman Norris and Mayor Eissey voting aye, and Councilman O'Meilia voting nay. President Pro Tem Vastola moved to enact Bill 967 as Ordinance 31-99. Vice Mayor Tringali seconded the motion. Discussion with the public ensued. Councilman O'Meilia moved to amend the ordinance as follows: "(8) All such equipment, when parked in the side yard, shall be visually screened from the view of adjacent properties and street right-of--ways with an opaque wall, fence, gate or hedge to a height of six (6) feet and to the length and width of such equipment. In addition, when such equipment is parked in the rear yard of a corner lot, the equipment shall also be visually screened from the view of the side street right-of--way, Such walls, gates or fences shall be constructed in accordance with Section 45-36(D)." President Pro Tem Vastola seconded the motion. Councilman Norris moved to table the motion in order to allow staff to look into the recommendations of all concerned. Vice Mayor Tringali seconded the motion. The motion to table passed 3-2, with David Norris, Vice Mayor Tringali and Mayor Eissey voting aye, and President Pro Tem Vastola and Councilman O'Meilia voting nay. President Pro Tem Vastola moved to reconsider the tabling. Councilman O'Meilia seconded the motion, and all present voted aye. Vice Mayor Tringali moved to take the motion from the table. Councilman O'Meilia seconded the motion. The motion passed 4-1, with Vice Mayor Tringali, Councilman O'Meilia, President Pro Tem Vastola and Mayor Eissey voting aye, and Councilman Norris voting nay. Councilman O'Meilia moved that the original motion to enact Bill 967 as Ordinance 31-99 be denied. Vice Mayor Tringali seconded the motion, and all present voted aye. The ordinance and the amendment as presented will be brought back to the next workshop on September 23, 1999. • Minutes of Regular Session Held Thursday, September 9, 1999 SILL 970 -PROSPERITY HARBOR SOUTH P.U.D. -PLACED ON FIRST READING President Pro Tem Vastola moved that bi11970 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 26-96 WHICH CREATED A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR SOUTH" PROVIDING FOR AND REGULATING THE LOCATION AND PLACEMENT OF STRUCTURES INCLUSIVE OF PILINGS, PIERS AND VESSELS WITHIN PROSPERITY HARBOR, INTERNAL CANALS, AND THE NORTH PALM BEACH WATERWAY; PROVIDING THE PROCEDURE FOR SECURING AGENCY PERMITS FOR DREDGING OF NORTH PALM BEACH WATERWAYS EASTERN SHORELINE AT ITS INTERSECTION WITH THE INTRACOASTAL WATERWAY AND THE WESTERN SHORELINE ACROSS THE VILLAGE GOLF COURSE OR PAYMENT TO THE VILLAGE BY DEVELOPER OF THE SUM OF $ FOR DREDGING WITHIN THE 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. Changes were made by consensus, including the following: Developer-will pay the Village the sum of $10,250 in the event that dredging permits aze not obtained by January 31, 2000. Page 2, ¶ 2: Lots 23, 25, 70 and 78 may have docks only on the internal side and no "L" or "T" head piers shall be located... Page 4, Section 2: Delete on behalf of and at the request of developer Page 5: Change language to read, then "L" and "T" heads of piers shall not be located closer than ten feet from either property line extended,• language to be inserted to say that under no circumstances shall piers extend more than 25 feet from the property line into the North Palm Beach Waterway. Language added to ensure that the unobstructed waterway width within the North Palm Beach Waterway shall not be less than 90 feet. Thereafter, the motion passed 5-0. . BILL 972 -BUDGET FOR FISCAL YEAR 1999-2000 -PLACED ON FIRST READING Vice Mayor Tringali moved that bill 972 entitled: 4 Minutes of Regular Session Held Thursday, September 9, 1999 AN ORDINANCE OF THE VILLAGE OF NORTFIPALM BEACH, FLORIDA, ADOPTING BUDGETS FOR THE FISCAL YEAR OCTOBER 1, 1999 TO SEPTEMBER 30, 2000, BOTH INCLUSIVE, FOR THE VILLAGE OF NORTH PALM BEACH GENERAL FUND, INCLUDING DEBT RETIREMENT, AND FOR THE. NORTH PALM BEACH COUNTRY CLUB REVENUE FUND, AND REPEATING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE Be placed on first reading and read by title alone. Councilman Norris seconded the motion._ The motion passed 4-I, with Vice Mayor Tringali, Councilman Norris, Councilman O'Meilia and Mayor Eissey voting aye, and President Pro Tem Vastola voting nay. RESOLUTION 52-99 ADOPTED - BELLSOUTH CONTRACTS Councilman Norris moved that Resolution 52-99 be taken from the table. Vice Mayor Tringali seconded the motion, and all present voted aye. Councilman Norris moved that Resolution 52-99 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN EQUIPMENT, INSTALLATION AND TRAINING CONTRACT AND CABLING CONTRACT WITH BELLSOUTH COMMUNICATION SYSTEMS, INC. AND A NETWORK INSTALLATION CONTRACT WITH BELLSOUTH TELECOMMUNICATIONS, INC., WHICH CONTRACTS ARE ATTACHED AS COMPOSITE EXHIBIT "A" AND ARE FOR THE PURPOSE OF SECURING AND INSTALLING A COMPREHENSIVE TELEPHONE SYSTEM WITHIN THE VILLAGE FOR GOVERNMENTAL USE; AND PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor Tringali seconded the motion, and all present voted aye. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:20 p.m r K thleen F. Kelly, CMC Village Clerk C~