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05-08-1980 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, MAY 8, 1980 Present: Al Moore, Vice Mayor Tom Valente, President Pro Tem _ W. H. Brown, Councilman Harriet Nolan, Councilwoman Herbert L. Gildan, Village Attorney Paul J. Nicoletti, Village Manager Dolores R. Walker, Village Clerk Cheryl S. Collins, Deputy Village Clerk Absent: V. A. Marks, Mayor Vice Mayor Moore called the Regular Session to order -ROLL CALL at 7:30 p.m. All members of the Council were present except Mayor Marks who was attending a medical con- vention. Vice Mayor Moore gave the invocation and led the Council and the public in the Pledge of Allegiance to the Flag. On motion of President Pro Tem Valente, seconded by Councilwoman Nolan, all present voting aye, the Minutes of Regular Session held Thursday, April 24, 1980 were approved as written. INVOCATION & PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES ' Vice Mayor Moore read and signed proclamation on PROCLAMATION - "Municipal Clerk's Week", May 10-16, 1980, and "MUNICIPAL presented it to the Village Clerk. CLERK'S WEEK" Vice Mayor Moore, on behalf of the Village, pre- LES ZERT?ZI:0 sented a badge to Lester Zerniko, making him a Life MADE LIFE Member of the Village of North Palm Beach Volunteer MEMBER OF TdPB Fire Fighters. He is the ,first person in the history VOLUNTEER FIRE of the North Palm Beach Fire Department to have this FIGHTERS honor bestowed upon him. Councilman Brown moved that we add as Item 12 (e) NON AGENDA to the Regular Session agenda discussion to author- ITEM PLACED ize the Mayor to write a letter to the Legislators ON AGErSDA supporting the Municipal League's Compromise Tax Proposal. The motion was seconded by President Pro Tem Valente and all present voted aye. On motion of Councilwoman Nolan, seconded by Presi- ACCEPTANCE OF dent Pro Tem Valente, all present voting aye, the MINUTES following minutes were accepted by the Council: Amended Minutes of Special Meeting of Planning Commission held March 18, 1980 ' Special Meeting of Planning Commission held April 15, 1980 Library Advisory Board Regular Meeting held April 22, 1980 Minutes of Regular Session Held Thursday, May 8, 1980 Page 2 Councilman Brown moved that we accept the recom- LIBRARY AD. BD. mendation of the Library Advisory Board that the RECOMMENDATION present hours be kept between June 9 and August ACCEPTED 23, 1980. The. motion was seconded by Councilwoman Nolan and all present voted aye. A discussion was held concerning clarification of CLARIFICATION OF t Village employees' annual leave. The question is EMPLOYEES' whether an employee must work eight years before he ANNUAL LEAVE or she receives three weeks' vacation, or if they are eligible for that amount of vacation after having completed seven full years. Also, if they must work thirteen years before they are eligible for four weeks' vacation, or if they are entitled to four weeks' vacation after they have completed their twelfth year. Councilman Brown moved that we make a clearer in- terpretation of the regulation (regarding annual leave) and put it on the next regular session, so that it eliminates the confusion of both em- ployees and the Council. The motion was seconded by President Pro Tem Valente. and all present voted aye. On motion of Councilman Brown, seconded by President. BILL 352 Pro Tem Valente, all present voting aye, Bill No. PLACED ON 352 entitled: 1ST READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REPEALING PORTIONS OF CHAPTER 6 AND 24 ' OF THE VILLAGE OF NORTH PALM BEACH CODE REGULATING SIGNS IN THE VILLAGE, AND ADOPTING A NEW SIGN CODE FOR THE VILLAGE OF NORTH PALM BEACH was placed on first reading and read by title alone. On motion of Councilwoman Nolan, seconded by Council- BILL 353 man Brown - 3-1, with President Pro Tem Valente PLACED ON 1ST opposed - Bi11 No. 353 entitled: READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS, A GAS FRANCHISE AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO was placed on first reading and read by title alone. Councilman Brown moved to accept the recommendation PLANNING COMM. of the Planning Commission that the West 1/2 of RECOMMENDATION the Northeast 1/4 of the Northeast 1/4 of Section ACCEPTED 8, Township 42, South, Range 43 East, and that area Eastward to the right-of-way lines of the Intra- coastal Waterway and the North Palm Beach Water- way be rezoned to R-3, and that the remainder ' of Parcel 1 be rezoned to R-1. Implicit in this decision is the further decision to have the Com- prehensive Land Use Plan reflect this change. The motion was seconded by President Pro Tem Valente and passed 3-1, with Vice Mayor Moore opposed. Minutes of Regular Session Held Thursday, May 8, 1980 Page 3 Councilwoman Nolan moved to accept the recom- mendation of the Planning Commission that approxi- mately 5.79 acres in the N.E. Quarter of Section 8, Range 43 East, Township 42 South, lying immediately South of Monet Road and immediately East of Pros- perity Farms Road be rezoned to R-1. This would cause the Zoning Map to agree with the Comprehen- sive Plan. The motion was seconded by Councilman Brown and all present voted aye. Councilman Brown moved that we accept the high density residential land use plan recommended by the Planning Commission (changing the zoning from C-lA to R-3 of Lots 158, 159 and part of 160, Palm Beach-Lake Worth Estates, 200 Castlewood Drive). The motion was seconded by President Pro Tem Valente. During the discussion, Mr. Howard Bruns, Presi- dent and Chief Executive Officer of Sporting Goods Manufacturers Association, who own the building at 200 Castlewood Drive, made a presentation to the Council on his organization. He stated that the building in question is the_national headquarters of the Sporting Goods Industry and there were sub- stantial efforts made by this county and business- men of North Palm Beach to bring them into this area. He said he was here tonight to plead his case that a change of the zoning of this property is detrimental to their organization as owners of the property and, most importantly, a rezoning would serve no real benefit to the public. He also stated that a change in zoning will not change any tangible situations on Castlewood Drive except to depreciate the value of their building. He stated that a re- zoning of this property under the present conditions would only lead to one alternative action and that is to protect their property rights through legal avenues available to them. After Mr. Bruns' presentation to the Council, Councilman Brown withdrew his motion and Presi- dent Pro Tem Valente withdrew his second. Councilman Brown moved that the Planning Com- mission's recommendation (regarding the above- mentioned property) be rejected and that the Comprehensive Plan be changed to agree with the Zoning Map. The motion was seconded by Council- woman Nolan and passed 3-1, with Vice Mayor Moore opposed. Councilman Brown moved that we accept the recom- mendation of the Planning Commission that approxi- mately 15.06 acres of St. Clare's Church property, unplatted, 821 Prosperity Farms Road, be shown as t medium density residential on the Land Use Plan of the Comprehensive Plan. The motion was seconded by President Pro Tem Valente and all present voted aye. PLANNING COMM. RECOMMENDATION ACCEPTED MOTION TO ACCEPT PLANNING COMM. RECOMMENDATION PRESENTATION BY HOWARD BRUNS MOTION & SECOND WITHDRAWN PLANNING COP~A'I. RECOMMENDATION REJECTED PLANNING COMM. RECOMMENDATION ACCEPTED Minutes of Regular Meeting Held Thursday, May 8, 1980 Page 4 1 0 Councilman Brown moved that we accept the recom- mendation of the Planning Commission that seven acres of First Presbyterian Church Property, un- platted, 721 Prosperity Farms Road, be shown as medium density residential on the Land Use Plan of the Comprehensive Plan. The motion was second- ed by Councilwoman Nolan and all present voted aye. President Pro Tem Valente moved that we author- ize advertising for architectural services for the Delacorte Pavilion. The motion was seconded by Councilwoman Nolan and all present voted aye. Councilman Brown moved that we authorize the Mayor to execute that certain agreement between the Village of North Palm Beach and Ralph Turgeon of Florida, Inc. for food and beverage services at the North Palm Beach Country Club. The motion was seconded by President Pro Tem Valente. President Pro Tem Valente moved that we amend Section 16 of the agreement as follows: "We will defer collection of one percent of the gross from June through December until January of the following year at .which time the entire one percent for that period will be collected." The motion was seconded by Councilman Brown and all present voted aye. Thereafter Council voted on the main motion which passed as amended by unanimous vote. Councilwoman Nolan moved that we authorize-the submission of project application to Palm Beach County Parks and Recreation Department for the construction of one modular type building for Anchora e Park at a total project cost not to exceed 30,000, 1980-81 fiscal year, to replace the same item in the 1979-80 fiscal year. The motion was seconded by President Pro Tem Valente and passed 3-1, with Vice Mayor Moore opposed. AUTHORIZATION TO ADVERTISE FOR ARCHITECTURAL SERVICES - DELACORTE PAVILION MOTION TO AUTH- ORIZE MAYOR TO EXECUTE AGREE- MENT BETWEEN VILLAGE & RALPH TURGEON OF FLOR INC. MOTION AMENDED MAIN MOTION PASSED 4-0 rl Councilman Brown moved that we authorize the Village Manager to send a Mailgram over the Mayor's signature to the State Legislators concerning the five items on property taxes which were suggested by the Florida League of Cities in their DATAGRAM dated May 2, 1980 as a com- promise to the Governor's proposal on this matter, urging the legislators to support the compromise proposal of the League. The motion was seconded by Councilwoman Nolan and all present voted aye. PLANNING COMM. RECOMMENDATION ACCEPTED PROJECT APPLI- CATION - P. B. COUNTY PARKS & REC. DEPT. AUTHORIZATION TO SEND MAILGRAM TO STATE LEGIS- LATORS RE PROPER' TAXES There being no further business to come before ADJOURNMENT the Council, on motion of President Pro Tem Valente, seconded by Councilwoman Nolan, all present voting aye, the meeting was adjourned at 9:28 p.m. Minutes recorded by: Dolores R. Walker, Village Clerk