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04-26-1990 VC REG-MMINUTES OF REGULAR SESSION OF THS VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, APRIL 26, 1990 Present: V. A. Marks, M.D., Mayor Jerry G. Gardner, Vice Mayor Judy M. Pierman, President Pro Tem ' Manny Grinn, Councilman Al Moore, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Dolores R. Walker, Village Clerk ROLL CALL Mayor Marks called the Regular Session to order at 7:30 p.m. All members of the Council and the staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE President Pro Tem Pierman gave the invocation and Councilman Moore led the Council and the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Minutes of Regular Session held Thursday, April 12, 1990 were approved as corrected. PRESENTATION OF PROCLAMATIONS Mayor Marks, "Red Ribbon on behalf Week" to R of the Village, oger Hunter of presented a proclamation on Elks Lodge No. 2069, who is Chairman of Red Ribbon Awareness Week for the Lodge. Mayor Marks, on behalf of the Village, presented a proclamation on "Youth Week" to Tim Redfield of Elks Lodge No. 2069, who is Chairman of Youth Week for the Lodge. Mayor Marks, on behalf of the Village, presented a proclamation on "Teacher Appreciation Week" to Sharon Bova, President of North Palm Beach Elementary School PTA. Mayor Marks, on behalf of the Village, presented a proclamation on "Drinking Water Week" to Andrea Pauley of Seacoast Utilities. ACCEPTANCE OF MINUTES The following minutes were accepted as written: Minutes of Recreation Advisory Board Meeting held March 13, 1990 Minutes of Library Advisory Board Meeting held March 27, 1990 Minutes of Public Hearing of Planning Commission held April ' 10, 1990 Minutes of Code Enforcement Board Meeting held April 2, 1990 The following minutes were accepted as corrected: Mr. Grinn moved that the question of the Minutes of Regular Meeting of Planning Commission held April 3, 1990 be taken from the table. The motion was seconded by Vice Mayor Gardner and all present voted aye. Thereafter, Council accepted the Revised Minutes of Regular Meeting of Planning Commission held April 3, 1990 as corrected. Minutes of Regular Session Held Thursday, April 26, 1990 Page 2 Minutes of Special Meeting of Planning Commission held April 10, 1990 RECOMMENDATIONS OF ADVISORY BOARDS Councilman Moore moved to accept the recommendation of the ' Recreation Advisory Board that something be done about repainting parking lanes at the North Palm Beach Country Club. The motion was seconded by President Pro Tem Pierman and all present voted aye. Vice Mayor Gardner moved that we consider, on an emergency basis, the complete renovation of the shuffleboard courts. The motion was seconded by President Pro Tem Pierman and all present voted aye. Vice Mayor Gardner moved to place the above-referenced item on the regular session agenda. There was no second to the motion; therefore, it died for lack of a second. However, the item will be placed on the next workshop session agenda. Councilman Moore moved to accept the recommendation of the Planning Commission that the annexation process be initiated for the Prosperity Harbor North parcel. The motion was seconded by Councilman Grinn and all present voted aye. Councilman Moore moved that the recommendation of the Planning Commission that an amendment be considered to the Planned Unit Development section of the Village Code, generally as outlined in the Linpro application #2 as discussed, be denied. The motion was seconded by Councilman Grinn and all present voted aye. Councilman Grinn moved to deny an amendment to the PUD to consider a mixed residential and commercial development. The motion was seconded by Councilman Moore and all present voted aye. RECESS The meeting was recessed at 8:35 and was reconvened at 8:50 p.m. RECOMMENDATIONS OF ADVISORY BOARD CONTD. Councilman Moore moved to accept the recommendation of the Planning Commission as to the proposed Planned Unit Development for Sanctuary Cove if it pertains only to the upper right hand side of the location map where there is a sign which says "site" in large letters. The motion was seconded by Vice Mayor Gardner for discussion only. The motion passed unanimously. Councilman Moore moved to accept item 8 b 3 on the regular session agenda (copy of which is attached to the minutes of this meeting) and that it be sent back to the Planning Commission for study. The motion was seconded by President Pro Tem Pierman and all present voted aye. Councilman Grinn moved to accept all recommendations under 8 c listed as a through j (from the Special Meeting of Planning ' Commission held April 10, 1990). The motion was seconded by Councilman Moore and all present voted aye. BILL NO. 596 Vice Mayor Gardner moved that Bill No. 596 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1989-90 FOR PUBLIC SERVICES TO PREPARE EQUIPMENT ROOM FOR ANI-ALI SERVICE (911 SYSTEM) be placed on first reading and read by title alone. The motion was Minutes of Regular Session Held Thursday, April 26, 1990 Page 3 1 seconded by President Pro Tem Pierman. Councilman Grinn moved to table the question of item 10 a. The motion was seconded by Vice Mayor Gardner and passed 4-1, with Mayor Marks, Vice Mayor Gardner, Councilman Grinn and Councilman Moore voting aye and President Pro Tem Pierman voting nay. INTERLOCAL AGREEMENT - AMENDMENT TO 911 TELEPHONE SYSTEM Councilman Grinn moved to approve and to authorize the Mayor to sign the Interlocal Agreement Amendment to the 911 telephone system. 'The motion was seconded by Vice Mayor Gardner and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. BILL NO. 596 PLACED ON FIRST READING Councilman Grinn moved to take the question of item 10 a off the table. The motion was seconded by President Pro Tem Pierman and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. Thereafter Council voted on the main motion, which was to place Bill No. 596 on first reading to be read by title alone. The motion passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman, and Councilman Grinn voting aye and Councilman Moore voting nay. ' BILL NO. 597 PLACED ON FIRST READING President Pro Tem Pierman moved that Bill No. 597 entitled: AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB FUND BUDGET FOR FISCAL YEAR 1989-90 BY APPROPRIATION TRANSFER FROM THE COUNCIL CONTINGENCY FOR DINING ROOM CHAIRS AND TABLES be placed on first reading and read by title alone. The motion was seconded by Vice Mayor Gardner and passed 3-2, with Mayor Marks, Vice Mayor Gardner and President Pro Tem Pierman voting aye and Councilman Moore and Councilman Grinn voting nay. BILL NO. 598 PLACED ON FIRST READING Councilman Moore moved that bill No. 598 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 69-61 OF THE VILLAGE WHICH PROVIDED FOR ISSUANCE OF RECREATIONAL FACILITIES BONDS BY REPEALING SECTION 3 THEREOF WHICH PROVIDED FOR A REVENUE FUND AND RESERVE OPERATION FUND; 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. Mayor Marks passed the gavel to Vice Mayor Gardner and seconded the motion. Mayor Marks moved to call for the question. The motion was seconded by Councilman Moore and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Moore voting aye and Councilman Grinn voting nay. Thereafter Council voted on the main motion, which was to place Bill No. 598 on first reading to be read by title alone, and all present voted aye. Minutes of Regular Session Held Thursday, April 26, 1990 Page 4 Vice Mayor Gardner returned the gavel to Mayor Marks. Vice Mayor Gardner moved that Bill No. 599 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB FUND BUDGET FOR ' FISCAL YEAR 1989-90 TO APPROPRIATE FUNDS FOR EMPLOYEES BENEFIT HEALTH PLAN be placed on first reading and read by title alone. Councilman Moore seconded the motion for discussion only. After a lengthy discussion, the motion passed unanimously. BILL NO. 600 PLACED ON FIRST READING Vice Mayor Gardner moved that Bill No. 600 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,- FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1989-90 TO APPROPRIATE FUNDS FOR EMPLOYEES BENEFIT HEALTH PLAN be placed on first reading and read by title alone. The motion was seconded by Councilman Grinn. Councilman Moore moved to amend Bill No. 600 as follows: delete the increased revenue from Zoning and Annexation Fee in the amount of $23,245 and delete the transfer from Council Contingency in the amount of $21,506 and take the entire $146,751 out of Fund Balance. The motion was seconded by Vice Mayor Gardner and passed ' 3-2, with Mayor Marks, Vice Mayor Gardner and Councilman Moore voting aye and President Pro Tem Pierman and Councilman Grinn voting nay. Thereafter Council voted on the main motion, as amended, which passed unanimously. APPOINTMENTS TO VILLAGE ADVISORY BOARDS The Council appointed the members to the Village Advisory Boards by voice vote. The results are as follows: Norman McCaskill, Frank Shone and James Rusnak were appointed to the Country Club Advisory Board. Maureen Quinlan, Karen Roberts and Wanda Petersen were appointed to the Library Advisory Board. George Carter and Linda Mule' were appointed to the Recreation Advisory Board. Robert Rowe and Carmen Gintoli were appointed as regular members to the Planning Commission; and George Gauthier and Vincent Vanacore were appointed as first and second alternate members, respectively, to the Planning Commission. ' John Ridgway and Kenneth Flood were appointed to the Code Enforcement Board. Arthur Fink was appointed as a regular member to the Board of Adjustment and Diane Reeves and Michael Murgio were appointed as first and second alternate members, respectively, to the Board of Adjustment. Thomas McCarthy and Neal Neff were appointed to the Contractors Board. Vivian Brichta was appointed village Historian. ~ f- Minutes of Regular Session Held Thursday, April 26, 1990 Page 5 The names of the appointees were placed on Resolution No. 10-90. RESOLUTION NO. 10-90 ADOPTED Vice Mayor Gardner moved that Resolution No. 10-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE COUNTRY CLUB ADVISORY BOARD, LIBRARY ADVISORY BOARD, RECREATION ADVISORY BOARD, PLANNING COMMISSION, CODE ENFORCEMENT BOARD, BOARD OF ADJUSTMENT, CONTRACTORS BOARD AND VILLAGE HISTORIAN be adopted. The motion was seconded by President Pro Tem Pierman and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. LAKESIDE PARK EROSION GRANT - F.I.N.D. Mayor Marks stated that Council has to address item 12 c on the agenda at this time (Lakeside Park Erosion Grant - F.I.N. D.) because the deadline for the grant application to F.I.N.D. is May 1, 1990. President Pro Tem Pierman moved to approve the grant application to the F.I.N.D. concerning the Lakeside Park erosion control project. Mayor Marks passed the gavel to Vice Mayor Gardner and seconded the motion. During the discussion the motion was withdrawn. RESOLUTION NO. 11-90 ' The Village Manager read Resolution No. 11-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REQUESTING A MATCHING GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT FOR THE LAKESIDE PARK SHORE FRONT PROTECTION PROJECT The Mayor called for a motion to adopt the resolution, and no motion was made. RECESS Due to the eleven o'clock curfew, the regular session was recessed until Tuesday, May 1, 1990 at 5.:.30 p.m. in the Council Chambers of Village Hall. ~-~-¢r ~°, ~1 R. Walker, CMC, u s.. .. i VILLAGE OF NORTH PALM BEACH REGULAR SESSION `[H (111 . V. A. MARKS [ ] JERRY GARDNER [ ] JUDY PIERMAN [ ] MAYOR VICE MAYOR PRES. PRO TEM DENNIS KELLY [ ] GEORGE W. BALDWIN [ ] VILLAGE MANAGER - VILLAGE ATTORNEY THURSDAY, APRIL 26, 1990 7:30 P.M. MANNY GRINN [ ] AL MOORE [ ] COUNCILMAN COUNCILMAN DOLORES WALKER [ ] VILLAGE CLERK 1. 2. 3. 4. 5. 6 7 ROLL CALL INVOCATION - PRESIDENT PRO TEM PIERMAN PLEDGE OF ALLEGIANCE - COUNCILMAN MOORE APPROVAL OF MINUTES REPORT OF MAYOR STATEMENTS FROM THE PUBLIC PETITIONS AND COMMUNICATIONS a. Minutes or Thursday, Ap a. Proclamation b. Proclamation c. Proclamation Week" d. Proclamation Regular- Session held al 12, 1990 - "Youth Week" - Red Ribbon Week" - "Teacher Appreciation - "Drinking Water Week" a. Minutes of Recreation Advisory Board Meeting held March 13, 1990 b. Minutes of Library Advisory Board Meeting held March 27, 1990 c. Revised Minutes of Regular Meeting of Planning Commission held April 3, 1990 __ d. Minutes of Public Hearing of Planning Commission held April 10, 1990 e. Minutes of Special Meeting of Planning Commission held April 10, 1990 f. Minutes of Code Enforcement Board S Meeting held April 2, 1990 REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS OF ADVISORY BOARDS a. Recreation Advisory Board Meeting held March 13, 1990 1. Recommended to Council that something be done about repainting parking lanes at the Country Club. 2. Recommended that Council consider, on an emergency basis, complete renovation of shuffleboard courts. b. Regular Meeting of Planning Commission held April 3, 1990 1. Recommended to Council that the annexation process be initiated for the Prosperity Harbor North parcel. 2. Recommended to Council that an amendment be considered to the Planned Unit Development section of the Village Code generally as outlined in the Regular Session ~ -2- April 26, 1990 Linpro application #2 as discussed. - 3. Recommended to Council consideration of the proposed Planned Unit Development and Plat for Sanctuary Cove. c. Special Meeting of Planning Commission held April 10, 1990 a. Adequate Public Facilities Ordinance - Recommended to Council the adoption as amended. b. Community Residential Home Child Care Facility, r~amily Lay ~~,._ .,,...~,.a,...~ - Recommended to Council the adoption as amended. c. Community Residential Home Licensing Fee - Recommended to Council the adoption of the ordinance. d. Creation of Urban Service Area. Recommended to Council the adoption of the ordinance as amended. e. Amend Zoning Map by Designating C-OS Zone, Conservation - Open Space - Recommended to Council the adoption of the ordinance as amended. f. Amend Zoning Code to add C-OS Zoning District and adopt Palm Beach County Coastal Protection Ordinance. Recommended to Council the adoption as amended. g• Amend Zoning Code to adopt Xeriscape Landscaping Practice - Recommended to Council the adoption o£ the ordinance as amended. h. Adopt the Palm Beach County Wellfield Ordinance - Recommended to Council the adoption as amended. i. Ordinance addressing rights-or-way setnacxs, rzaciaaa r•:,~~r..,...~, - Parks - Recommended to Council the adoption as amended. j. Ordinance addressing historical/archaeological sites - Recommended to Council the adoption as amended. Sec. 45-37E 2 through 5 to be amended to establish procedures that will assure that the Planning Commission makes recommendations to the Village Council and the Village Council is the determining authority. 9. VILLAGE MANAGER'S REPORT 10. ORDINANCES a. BILL NO. 596 - AMENDING GENERAL FUND BUDGET FOR FISCAL YEAR 1989-90 - 911 SYSTEM. Consider a motion to approve first reading of Bill No. 595, a proposed ordinance amending the NPB General Fund budget for fiscal year 1989-90 for Public Services to prepare equipment room for ANI-ALI Service (911 System). b. BILL NO. 597 - AMENDING NPB COUNTRY CLUB FUND FOR FISCAL YEAR 1~JY3'J~-yV - ll1N11Y1i ROOM CHAIRS AND TABLES. Consider a motion to approve first reading of Bill No. 597, a proposed ordinance amending the NPB Country Club budget for fiscal year 1989-90 by appropriation transfer from the Council Contingency for dining room chairs and tables. c. BILL N0. 598 - REPEALING SEC. 3 OF ORD. 69-61. Consider a motion to approve first reading of Bill No. 598, a proposed ordinance amending Ordinance No. 69-61 of the Village which provided for issuance of Recreational Facilities Bond by repealing Sec. 3 thereof which provided for a revenue fund and reserve operation fund. ., Regular Session ~ -3- April 26, 1990 ACTION d. SILL N0. 599 - AMENDING NPBCC BUDGET FOR FISCAL YEAR 1989-90 - EMPLOYEES BENEFIT HEALTH PLAN. Consider a motion to approve first reading of Bill No. 599, a proposed ordinance amending the NPBCC fund budget for fiscal year 1989-90 to appropriate funds for Employee Benefit Health Plan. ACTION e. BILL N0. 600 - AMENDING NPB GENERAL FUND BUDGET FOR FISCAL znAtc iyoy-yam - EMPLOYSE BENEFIT HEALTH PLAN. Consider a motion to approve first reading of Bill No. 600, a proposed ordinance amending the NPB General Fund budget for fiscal year 1989-90 to appropriate funds for Employees Benefit Health Plan. ACTION il. RESOLUTIONS a. RESOLUTION NO. - APPOINTING MEMBERS TO VILLAGE BOARDS. Consider a motion to adopt Resolution No. a proposed resolution appointing members to the Country Club Advisory Board, Library Advisory Board, Recreation Advisory Board, Planning Commission, Code Enforcement Board, Board of Adjustment, Contractors Board and Village Historian. ACTION b. RESOLUTION N0. - OPPOSING GOVERNOR'S SURCHARGE. Consider a motion to adopt Resolution No. a proposed resolution opposing the Governor's proposal to apply a _~ surcharge to the Local Government Half-Cent Sales Tax Trust Fund. ACTION 12. MISCELLANEOUS BUSINESS a. COMPLIANCE PLAN SETTLEMENT STIPULATION AGREEMENT. Consider a motion to approve the Comprehensive Plan Settlement Stipulation Agreement developed as a result of negotiations conducted with DCA. Purpose of Settlement Stipulation Agreement is to basically find the Village's Comprehensive Plan to come into compliance with the State Plan. ACTION b. LABOR NEGOTIATOR. Consider a motion to either narrow list of Labor Negotiator applicants for further interviews, or to proceed to select a particular firm/individual for purpose of negotiating a contract. ACTION c. LAKESIDE PARK EROSION GRANT - F.I.N.D. Consider a motion to approve the grant application to the F.Z.N.D. concerning Lakeside Park erosion control project. Regular Session ~ -4- April 26, 1990 d. BUDGET LINE ITEM DESCRIPTION CHANGE - FIRE DEPT. Consider a motion to change Account No. A5812-66490 (Air-Paks) line item 'description to reflect change from 4.5 Air-Paks to 2.2 Air-Paks in order to be compatible with other NAMAC department equipment brands. ACTION e. INTERLOCAL AGREEMENT - AMENDMENT TO 911 TELEPHONE SYSTEM. Consider a motion to _. approve and to authorize the Mayor to sign the Interlocal Agreement Amendment to the 911 telephone system. f. PURCHASE OF PROSPERITY FARMS ROAD. Consider a motion to authorize staff to pursue purchase/acquisition of Prosperity Farms Road from Palm Beach County. ACTION 13 Next Ordinance No. 9-90 Next Resolution No. 10-90 If a person decides to appeal any decision made 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 be 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. ADDENDUM 1 Regular Session April 26, 1990 11. RESOLUTIONS (CONTD.) C. RESOLUTION NO. - LAKESIDE PARK EROSION GRANT - F.I.N.D. Consider a motion to adopt Resolution No. , a proposed resolution requesting a matching grant from the Florida Inland Navigation District for the Lakeside Park shore front protection project. (Cross reference Item 12 c). ACTION