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07-14-2005 VC REG-AVILLAGE OF NORTH PALM BEACH AGENDA REGULAR SESSION THURSDAY, JULY 14, 2005 COUNCIL CHAMBERS 7:30 P.M. Edward Eissey [ ] David B. Norris [ ] Rob Rennebaum [ ] Charles O'Meilia [ ] Donald G. Noel [ ] Mayor Vice Mayor President Pro Tem Councilman Councilman Mark Bates [ ] George Baldwin [ ] Melissa Teal [ ] Village Manager Village Attorney Village Clerk 1. ROLL CALL 2. 3. 4. 5. 6. INVOCATION -COUNCILMAN NOEL PLEDGE OF ALLEGIANCE -PRESIDENT PRO TEM RENNEBAUM AWARDS AND RECOGNITION a. 20 Year Service Award -Robert Furey, Public Safety Department APPROVAL OF MINUTES a. Minutes of Regular Session held 6/23/05 COUNCIL BUSINESS MATTERS A. STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS B. DECLARATION OF EX PARTE COMMUNICATIONS C. PUBLIC HEARINGS AND QUASI JUDICIAL MATTERS 1. PUBLIC HEARING -BILL 1174 -NOISE CONTROL Thursday, July 14, 2005 at 7:30 p.m., or as soon thereafter as possible, in the Council Chambers of the Village Hall is the time and place for a Public Hearing on Bill 1174, a proposed ordinance amending Section 19-120, Exemptions, of Article VI, Noise Control, of Chapter 19, Offenses and Miscellaneous Provisions, of the Code of Ordinances, to provide additional exemption and conditions for emergency backup equipment. COMMENTS 2. BILL 1174 - 2ND READING OF PROPOSED ORDINANCE -NOISE CONTROL CODE AMENDMENT Consider a motion to approve second reading of Bill 1174, a proposed ordinance amending Section 19-120, Exemptions, of Article VI, Noise Control, of Chapter 19, Offenses and Miscellaneous Provisions, of the Code of Ordinances, to provide additional exemption and conditions for emergency backup equipment. Consider a motion to enact Bill 1174 as Ordinance ACTION REGULAR SESSION AGENDA THURSDAY, JULY 14, 2005 3. PUBLIC HEARING -BILL 1170 -REZONING LAND ADJACENT TO PASSIONIST MONASTERY FROM C-1 NEIGHBORHOOD COMMERCIAL TO R-3 APARTMENT DWELLING DISTRICT Thursday, July 14, 2005 at 7:30 p.m., or as soon thereafter as possible, in the Council Chambers of the Village Hall is the time and place for a Public Hearing on Bill 1170, rezoning a parcel of land located east of U. S. 1, south of PGA Blvd., and adjacent to the Passionist Monastery, consisting of 7.004 acres of land, from C-1 Neighborhood Commercial District to R-3, Apartment Dwelling district. COMMENTS 4. BILL 1170 - 2ND READING OF PROPOSED ORDINANCE - REZONING LAND ADJACENT TO PASSIONIST MONASTERY FROM C-1 NEIGHBORHOOD COMMERCIAL TO R-3 APARTMENT DWELLING DISTRICT Consider a motion to approve second reading of Bill 1170, a proposed ordinance rezoning a parcel of land located east of U. S. 1, south of PGA Blvd., and adjacent to the Passionist Monastery, consisting of 7.004 acres of land, from C-1 Neighborhood Commercial District to R-3, Apartment Dwelling district. Consider a motion to enact Bill 1170 as Ordinance ACTION PUBLIC HEARING -BILL 1177 - DOMANI PROJECT P.U.D. Thursday, July 14, 2005 at 7:30 p.m., or as soon thereafter as possible, in the Council Chambers of the Village Hall is the time and place for a Public Hearing on Bill 1177, a proposed ordinance creating a Planned Unit Development known as the "Domani Project' upon land comprising 7.004 acres more or less, located north of McLaren Road on the east side of U. S. 1. COMMENTS 6. BILL 1177 - 2ND READING OF PROPOSED ORDINANCE - DOMANI P.U.D. Consider a motion to approve second reading of Bill 1177, a proposed ordinance creating a Planned Unit Development known as the "Domani Project' upon land comprising 7.004 acres more or less, located north of McLaren Road on the east side of U. S. 1. Consider a motion to enact Bill 1177 as Ordinance ACTION 7. BILL 1178 - 2ND READING OF PROPOSED ORDINANCE -AMENDING PARKING RESTRICTIONS Consider a motion to approve second reading of Bill 1178, a proposed ordinance amending Section 18-34, Parking Restricted, of Article III, Stopping, Standing and Parking, of Chapter 18, Motor Vehicles and Traffic, of the Code of Ordinances by restricting parking of trucks in excess of 3/4 ton on private property, including commercial areas. Consider a motion to enact Bill 1178 as Ordinance ACTION 2 REGULAR SESSION AGENDA THURSDAY, JULY 14, 2005 BILL 1179 - 1ST READING OF PROPOSED ORDINANCE -COUNTRY CLUB FUND BUDGET AMENDMENT -ESTABLISHING TIKI HUT RENTAL RATE Consider a motion to approve first reading of Bill 1179, a proposed ordinance amending the Country Club Fund Budget for fiscal year 2004-2005 to establish a tiki but rental rate. ACTION D. CONSENT AGENDA The Consent Agenda is designed for the purpose of expediting issues considered to be of a routine or pro forma nature such that the Council determines is not necessary to discuss and vote on each item separately. Any member of Council may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. E. OTHER VILLAGE BUSINESS MATTERS RESOLUTION -PRELIMINARY PLAT - DOMANI PROJECT Consider a motion to adopt a resolution approving the preliminary plat of the Domani Project. ACTION 2. RESOLUTION - APPROVING LEIBOWITZ & ASSOCIATES ATTORNEY-CLIENT AGREEMENT Consider a motion to adopt a resolution authorizing the Mayor and Village Clerk to enter into an agreement with Leibowitz & Associates P.A. to provide legal representation with respect to cable and telecommunications issues. ACTION 3. RESOLUTION - ADOPTING A TENTATIVE MILEAGE RATE AND SETTING DATE OF FIRST PUBLIC HEARING Consider a motion to adopt a resolution adopting a tentative total millage rate of 6.9999 mils for fiscal year 2005-2006, and setting date, time and place of first Public Hearing to consider proposed millage rate and budget. ACTION 4. RESOLUTION -RATIFYING PURCHASE OF TIKI HUTS Consider a motion to adopt a resolution ratifying purchase and installation of tiki huts at the pool in the amount of $9,000; funds to be upended from account A5540-49950 (Hurricane Expenses) and repealing Resolution 36-2005. ACTION RESOLUTION -AUTHORIZING ABANDONMENT OF EASEMENT Consider a motion to adopt a resolution authorizing abandonment of easement located on Lots 158 & 159 of the Plat of Palm Beach Lake Worth Estates as recorded in Plat Book 25, page 168. ACTION 3 REGULAR SESSION AGENDA THURSDAY, JULY 14, 2005 6. FL LEAGUE OF CITIES CONFERENCE -MOTION TO APPOINT VOTING DELEGATE Consider a motion to appoint a voting delegate to Florida League of Cities Conference. ACTION 7. VACATION SCHEDULE -MOTION TO SUSPEND JULY 28TH COUNCIL MEETING Consider a motion to suspend Council Meeting of July 28, 2005 to allow for scheduled staff vacations. ACTION 7. COMPREHENSIVE ANNUAL FINANCIAL REPORT - MOTION TO ACCEPT RESTATEMENT OF 9/30/04 FINANCIAL STATEMENT Consider a motion to accept restatement of 9/30/04 Financial Statement. ACTION F. COUNCIL AND ADMINISTRATION MATTERS 1. MAYOR AND COUNCIL MATTERS/REPORTS a. Medical Claims Audit Report b. Annexation Lawsuit Appeal c. Tennis Shop Facility 2. VILLAGE MANAGER MATTERS/REPORTS 7. REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) a. Minutes of Library Advisory Board meeting held 5/24/05 b. Minutes of Audit Committee meeting held 6/8/05 c. Minutes of Library Advisory Board meeting held 6/28/05 8. ADJOURNMENT Next Ordinance 12-2005 Next Resolution 58-2005 If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Council meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. 4