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02-09-1978 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, FEBRUARY 9, 1978 Present: V. A. Marks, Vice Mayor Al C. Moore, President Pro Tem William H. Brown, Councilman Donald J. Kazimir, Councilman Paul J. Nicoletti, Village Manager Dolores R. Walker, Village Clerk Absent: M. C. Love, Jr., Mayor Herbert L. Gildan, Village Attorney Vice Mayor Marks called the Regular Session to order at ROLL CALL 7:34 p.m. All members of the Council were present except Mayor Love. Councilman Kazimir gave the invocation and Councilman Moore led the Council and the public in the Pledge of Allegiance to the Flag. On motion of Councilman Moore, seconded by Councilman. Kazimir, all present voting aye, the minutes of Regular Session held Thursday, January 26, 1978 were approved as written. INVOCATION & PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES On motion of Councilman Brown, seconded by Councilman ACCEPTANCE OF Kazimir, all present voting aye, the minutes of Reg- MINUTES ' ular Meeting of North Palm Beach Library Board held January 24, 1978 were accepted by the Council. Concerning the recommendation of the Recreation Advisory REC. AD. BD. Board that we consider converting the paddle board court RECOD7MENDATIO at Anchorage Park into a racquet ball court, Councilman SENT BACK TO Brown moved that we send this recommendation back to BOARD the board, with the suggestion that we could either convert the paddle board court into bounce walls for -- tennis or hold onto it and include it in the Recreation Advisory Board~slnext year's budget recommendation. The motion was seconded by Councilman Kazimir and all present voted aye. Councilman Brown moved that we accept the recommends- REC. AD. BD. tion of the Recreation Advisory Board that a bumper RECOMMENDATION strip be added to the new dock at Anchorage Park to APPROVED prevent boats from slipping under the dock at low tide. The motion was seconded by Councilman Moore and all present voted aye. Councilman Kazimir moved that we designate the Planning PLANNING COMM. Commission as the Local Planning-Agency for the Local DESIGNATED Government Comprehensive Planning Act. The motion was LOCAL PLANNING seconded by Councilman Brown and all present voted aye. AGENCY ' On motion of Councilman Brown, seconded by Councilman BILL 287 Kazimir, all present voting aye, Bill No. 287 entitled: PLACED ON 2ND READING AN ORDINANCE OF THE VILLAGE OF'~NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 45 OF THE VILLAGE OF NORTH PALM BEACH CODE, THE ZONING CODE, BY CREATING A NEW ZONING CLASSIFICATION TO BE KNOWN AS CB COMMERCIAL DISTRICT AND DIRECTING THE VILT~IGE CLERK TO BRING THE OFFICIAL ZONING MAP UP TO DATE was placed on second reading and read by title alone. Minutes of Regular Session Held Thursday, February 9, 1978 Page 2 1 Councilman Moore moved that we table Bill No. 287 until MOTION TO we have legal counsel present to advise us how we stand TABLE BILL on it. The motion was seconded by Councilman Brown 287 FAILED and failed 2-2, with Councilman Moore and Councilman Kazimir for and Vice Mayor Marks and Councilman Brown opposed. Thereafter Council voted on the main motion which passed BILL 287 3-l, with Councilman Moore opposed. Therefore, Bill ADOPTED AS No. 287 was adopted as Ordinance No. 1-78. ORD. 1-78 On motion of Councilman Brown, seconded by Councilman BILL 288 Kazimir, all present voting aye, Bill No. 288 entitled: PLACED ON 2ND READING AN ORDINANCE OF THE VILLAGE OF NORTH PAIM BEACH, FLORIDA, AMENDING CHAPTER 45 OF THE VILLAGE OF NORTH PALM BEACH CODE BY REZONING THE FINGER OF LAND IMMEDIATELY NORTH OF THE PARADISE HARBOUR CONDOMIN- IUMS FROM ZONING DISTRICT R-2 TO ZONING DISTRICT R-l; BY REZONING THE AREA ON THE WEST SIDE OF U. S. #1 FROM SOUTH ANCHORAGE DRIVE TO EBBTIDE DRIVE FROM ZONING DISTRICT CA TO ZONING DISTRICT CB; BY REZONING THE EAST SIDE OF U. S. ;#1 FROM THE EARMAN RIVER NORTH TO THE EXTENSION OF EBBTIDE DRIVE FROM ZONING DISTRICTS CA AND R-1 TO ZONING DISTRICT CB; AND BY DIRECTING THE VILLAGE CLERK TO REFLECT SAID CHANGES UPON THE OFFICIAL ZONING MAP J was placed on second reading and read by title alone. Councilman Brown moved that Bill No. 288 be adopted as MOTION TO Ordinance No. 2-78. The motion was seconded by Council- ADOPT BILL man Kazimir. 288 AS ORD. 2-78 Councilman Brown moved that we table Bill No. 288 until MOTION TO we have the advice of counsel. The motion was seconded TABLE BILL by Councilman Moore and failed 2-2, with Councilman Brown 288 FAILED and Councilman Moore for and Vice Mayor Marks and Council- man Kazimir opposed. Vice Mayor Marks and Councilman Kazimir reconsidered their vote on the above motion to table Bill No. 288 and voted aye. Therefore, the vote to table was unanimous. Councilman Brown moved to amend his motion to table Bill No. 288 as follows: That Bill No. 288 be tabled until Council's Special Session of Thursday, February 23, 1978 at 7:00 p.m. The motion was seconded by Councilman Kazimir and all present voted aye. On motion of Councilman Brown, seconded by Councilman Kazimir, all present voting aye, Bill No. 289 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 34 OF THE VILLAGE OF NORTH PALM BEACH CODE BY ADDING THERETO SECTION 34-12(6) SETTING FORTH RULES AND REGULATIONS FOR SIGNS IN THE CB COMMERCIAL DISTRICT was placed on second reading and read by title alone. On motion of Councilman Brown, seconded by Councilman Kazimir - 3 to 1, with Councilman Moore opposed - Bill No. 289 was adopted as Ordinance No. 2-78. VOTE RECON- SIDERED MOTION TO TABLE BILL 288 AMENDED TO SET DATE & TIME BILL 289 PLACED ON 2ND READING BILL 289 ADOPTED AS ORD. 2-78 Minutes of Regular Session Held Thursday, February 9, 1978 Page 3 On motion of Councilman Moore, seconded by Councilman Brown, all present voting aye, proposed Resolution No. 1-78 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, RELATING TO THE FINANCING OF NEW LOCAL GOVERNMENT DUTIES; URGING THE FLORIDA LEGIS- LATURE TO PROVIDE BY LAW THAT ANY LAW REQUIRING MUNICIPALITIES OR COUNTIES TO ADMINISTER ANY PROGRAM OR PROVIDE ANY SERVICE, EQUIPMENT OR FACILITY INCLUDE THE FINANCING OF SUCH PROGRAM, EQUIPMENT OR SERVICE was read in full and adopted as read as Resolution No. 1-78. Councilman Brown moved that we appoint Howard Floyd as a voting alternate to t_h_e Local Government Compre- hensive Planning Act Technical Advisory Corrunittee. The motion was seconded by Councilman Moore and all present voted aye. Councilman Moore moved that we not enter into the Intergovernmental Agreement between Palm Beach County and the Village for traffic engineering services based on the item we have on the workshop session agenda tonight (resolution petitioning Palm Beach County to finance certain identified services). The motion was seconded by Councilman Brown and passed 3-1, with Councilman Brown opposed. Councilman Brown moved to add two items to the regular ' session agenda at this time: (1) the traffic light at Southwind/Jasmine/Northlake and (2) the traffic light which the bank will pay for at the intersection of the west entrance of the First American Bank/North- lake/Sears entrance. The motion was seconded by Council- man Kazimir and all present voted aye. Councilman Brown moved that we approve payment in the amount of 1/~} North Palm Beach, 1/4 Lake Park, and 1/2 County and take the funds from Account No. 51-285, Council Contingency, for the intersection of South- wind/Jasmine/Northlake. The motion was seconded by Councilman Moore and passed 3-l, with Councilman Kazimir opposed. Councilman Brown moved that we approve the traffic light at First American Bank on a no-cost basis to the Village. The motion was seconded by Councilman Kazimir. Councilman Moore moved to amend the motion as follows: that we write a strong letter to First American Bank, Sears, Lake Park and Palm Beach County indicating that we would like to have a "Right Turn-Only" sign placed ' at the easternmost exit of Sears on the Northlake Boulevard side. The motion was seconded by Vice Mayor Marks and all present voted aye. RES. 1-78 ADOPTED _ H. FLOYD APPOINTED VOTING ALTER- NATE TO TAC VILLAGE TO NOT ENTER INTO INTERGOVERN- MENTAL AGREE- MENT WITH COUNTY FOR TRAFFIC BNGIN- BERING SERVICES NON AGENDA ITEMS ADDED-_ TO AGENDA APPROVAL OF PAYMENT FOR INTERSECTION OF SOUTHWIND/ JASMINE/NORTH- LAKE MOTION TO APPROVE TRAFFIC LIGHT AT FIRST AMERICAN BANK MOTION AMENDED Thereafter Council voted on the main motion which MAIN MOTION passed unanimously. PASSED 4/0 Councilman Kazimir moved that we place on the regular -NON AGENDA session agenda at this time a discussion of the re- ITEM PLACED quest by the Cable TV companies to the County-concerning ON AGENDA deregulation of rates. The motion was seconded. by Councilman Moore and all present voted ave. Minutes of Regular Session Held Thursday, February 9, 1978 Page 4 Councilman Kazimir moved that we request the Mayor to write a letter to the County Commission stating the fact that we do not think deregulation of the Cable TV in- dustry is proper. The motion was seconded by Councilman Moore and all present voted aye. ' There being no further business to come before the Council, on motion of Councilman Brown, seconded by Councilman Moore, all present voting aye, the meeting was adjourned at 8:40 p.m. I~-Ge~~-o K.N~z~ Minutes recorded by: Dolores R. Walker, Village Clerk 1 1 MAYOR TO WRITE LETTER TO COUNTY RE DEREGULATION OF CABLE TV RATES ADJOURNMENT