07-26-1990 VC REG-MMINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD
THURSDAY, JULY 26, 1990
Present: V. A. Marks, M. D. Mayor
' Jerry G. Gardner, Vice Mayor
Judy M. Pierman, President Pro Tem
Al Moore, Councilman
Manny Grinn, Councilman
Charles R. O'Meilia, Acting Village Manager
George Baldwin, Village Attorney
Kathleen Kelly, Deputy Village Clerk
Absent: Dennis W. Kelly, Village Manager
Dolores R. Walker, Village Clerk
ROLL CALL
The meeting was called to order at 7:30 p.m. by Vice Mayor Jerry
Gardner. All members of the Council were present except Mayor
Marks, who arrived at 7:45 p.m. All members of the staff were
present, except the Village Manager, who was out of the country,
and the Village Clerk, who was out of the state.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Moore gave the invocation and President Pro Tem Pierman
led the Council and the public in the Pledge of Allegiance to the
Flag.
' APPROVAL OF MINUTES
The Minutes of the Regular Session held July 12, 1990 were approved
as written, after noting procedural errors in items 10.e and 12.c.
REPORT OF THE MAYOR
Vice Mayor Gardner added Harbour Tower Condominium fencing
Agreement to the agenda as item 12.f.
Item 12.a was placed before item ll.a.
Vice Mayor Gardner passed the gavel to Mayor Marks upon his
arrival.
At Councilman Grinn's request, the letter from the County
Administrator regarding the acquisition of Prosperity Farms Road
was added as item 12.g on the agenda.
ACCEPTANCE OF MINUTES
The following minutes were accepted as written:
' Minutes of Police and Fire Pension Board held June 22, 1990
Minutes of Planning Commission Meeting held July 3, 1990
BILL NO. 616 PLACED ON FIRST READING
Vice Mayor Gardner moved that Bill No. 616 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
PROVIDING FOR A FINE IN AMOUNT OF $100.00 FOR STOPPING,
STANDING OR PARKING IN HANDICAP PARKING SPACES IN VIOLATION OF
SECTION 316.1955 AND SECTION 316.1956 OF THE FLORIDA STATUTES,
Ppul~Y. l16
Minutes of Regular Session
Held Thursday, July 26, 1990
WHICH SECTIONS PROVIDE FOR AND REGULATE HANDICAP PARKING BY
GOVERNMENTAL AND NONGOVERNMENTAL ENTITIES; PROVIDING THAT ALL
FINES ARE TO BE DEPOSITED IN A SEPARATE MUNICIPAL ACCOUNT AND
UTILIZED TO DEFRAY EXPENSES FOR ADMINISTRATION, TO IMPROVE
ACCESSIBILITY AND EQUAL OPPORTUNITY TO QUALIFIED PHYSICALLY
DISABLED PERSONS IN THE VILLAGE OF NORTH PALM BEACH AND TO
' CONDUCT PUBLIC AWARENESS PROGRAMS IN THE VILLAGE CONCERNING
PHYSICALLY HANDICAPPED PERSONS; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PRRTS OF ORDINANCES IN CONFLICT HEREWITH;
AND, PROVIDING FOR AN EFFECTIVE DATE
be placed on first reading and read by title alone. The motion was
seconded by Councilman Grinn.
Upon discussion, Councilman Moore moved to amend Bill No. 616 as
follows: strike Section 2(a) and (b) regarding the disposition of
fines collected. The motion was seconded by President Pro Tem
Pierman and passed 4-1, with Mayor Marks, President Pro Tem
Pierman, Councilman Moore and Councilman Grinn voting aye, and Vice
Mayor Gardner voting nay.
Thereafter, Council voted on the main motion, as amended, and all
present voted aye.
BILL NO. 618 PLACED ON SECOND READING AND ADOPTED AS ORD. 31-90
Vice Mayor Gardner moved that Bill No. 618 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR FISCAL
' YEAR 1989-90 TO APPROPRIATE FUNDS FOR AUTOMATED TEE-TIME
SYSTEM
be placed on second reading and read by title alone. Mayor Marks
passed the gavel to President Pro Tem Pierman and seconded the
motion. The motion passed 3 -2, with Mayor Marks, Vice Mayor
Gardner and President Pro Tem Pierman voting aye, and Councilman
Moore and Councilman Grinn voting nay.
President Pro Tem Pierman returned the gavel to Mayor Marks.
Vice Mayor Gardner moved to adopt Bill No. 618 as Ordinance No. 31-
90. The motion was seconded by President Pro Tem Pierman, 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 620 PLACED ON FIRST READING
Councilman Moore moved to place Bill No. 620 on the floor for
discussion only. The motion died for lack of a second.
Vice Mayor Gardner moved that Bill No. 620 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
' CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "HARBOUR POINT
MARINA" UPON THOSE CERTAIN LANDS COMPRISING 13.66 ACRES
LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF; SAID LANDS
TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS AND
SPECIFICATIONS AS SET FORTH IN THE INDEX ATTACHED HERETO AS
COMPOSITE EXHIBIT "B" AND WHICH PLANS AND SPECIFICATIONS ARE
EXPRESSLY MADE A PART HEREOF; ALLOWING CONSTRUCTION AND
DEVELOPMENT TO TAKE PLACE IN PHASES; PROVIDING FOR A CASH
CONTRIBUTION AS A CONDITION FOR THE APPROVAL OF THE BOUNDARY
PLAT; PROVIDING FOR PLAT APPROVAL; SETTING FORTH REQUIREMENTS
TO BE MET BY THE PETITIONER PRIOR TO ISSUANCE OF THE INITIAL
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Minutes of Regular Session
Held Thursday, July 26, 1990
BUILDING PERMIT; PROVIDING FOR TIME OF COMMENCEMENT AND TIME
OF COMPLETION FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR
APPROVAL OF SIGNAGE AND TEMPORARY SALES CENTER BY THE VILLAGE
COUNCIL; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE PLANNED
UNIT DEVELOPMENT; 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. The motion was
seconded by President Pro Tem Pierman.
During discussion, Councilman Moore moved to amend the ordinance to
add the stipulation that, wherever the Village Attorney thinks it's
necessary regarding Exhibit "B", that the height restriction in
this PUD shall be no higher than four (4) stories or forty (40)
feet; and in Section 4 that "gross land" be stricken; and insert
"$300,000 upon approval of the preliminary plat" as a cash
contribution in 4 4, eliminating the payment schedule listed; also
amend to delete Section 9; in all sections where number of years is
blank that the years be placed in the ordinance before it is
approved for first reading. The motion was seconded by President
Pro Tem Pierman.
Councilman Grinn moved that the amendment be divided into three
different amendments.
A vote was taken on the portion of the above motion by Councilman
Moore restricting the height limitation to four (4) stories or
forty (40) feet. All present voted aye.
The portions of the amendment regarding the deletion of .the words
"gross land", and the insertion of $300,000 cash contribution
payable upon approval of the preliminary plat were seconded by
Councilman Grinn.
President Pro Tem Pierman moved to amend the amendment to read
$150,000 instead of $300,000.
Mayor Marks suggested that the amendment state $150,000 or 5% of
the appraised value, whichever is greater. Vice Mayor Gardner was
in agreement.
President Pro Tem Pierman withdrew her motion to amend.
Councilman Grinn withdrew his second to Councilman Moore's
amendment, and Councilman Moore withdrew all of his original motion
with the exception of the "four-stories or 40 feet" restriction,
which had already been voted on, and moved that in lieu of the
Petitioner dedicating five (5~) percent of the area of land, the
Petitioner shall pay five percent (5%) of the appraised value of
the total piece of property in cash and that this be payable upon
approval of the preliminary plat, with the remainder of Section 4
to be reworded to reflect that. Councilman Grinn seconded the
motion.
After discussion with the Village Attorney, Councilman Moore
changed the portion of his amendment relating to the five percent
payment to state five percent (5~) of the appraised value or
$150,000, whichever is greater. The motion was seconded by
Councilman Grinn, and passed 4-1, with Mayor Marks, President Pro
Tem Pierman, Councilman Moore and Councilman Grinn voting aye, and
Vice Mayor Gardner voting nay.
Councilman Moore then moved to delete Section 9 on page 4 of the
ordinance. The motion failed for lack of a second.
a.o,.,.~.,z. 3
Minutes of Regular Session
Held Thursday, July 26, 1990
Staff was directed to obtain a professional appraisal on the 13.66
unimproved acres as it exists today as C-1.
Mr. Larry smith, representing the developer, requested that the
number of years that were blank in Section 7 of Page 4 of the
ordinance be filled in with 3 years and 10 years, respectively,
' with an extension of one (1) year for good cause shown pertaining
to commencement only.
The vote on the original motion, as amended, was 4-1, with Mayor
Marks, President Pro Tem Pierman, Councilman Moore and Councilman
Grinn voting aye, and Vice Mayor Gardner voting nay.
BUDGET TRANSFER - R & M MARINA
Councilman Grinn moved to approve a request for transfer of funds
from Council Contingency (A5540-49911) to Public Services R & M
Marina {A8023-34627) in the amount of $24,000. President Pro Tem
seconded the motion and all present voted aye.
RESOLUTION NO. 20-90 ADOPTED
Vice Mayor Gardner moved to adopt Resolution 20-90 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF LUCAS MARINE, ROBE SOUND,
FLORIDA, FOR RECON5TRUCTION OF MARINA BOAT RAMP IN THE AMOUNT
OF $27,946.00, FROM ACCOUNT NO. A8023-34627 (R & M MARINA)
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 Moore voting aye, and Councilman Grinn
voting nay.
PROPOSED ACCESS ROAD TO ALLAMANDA SCHOOL
Councilman Grinn moved to issue a certificate of preliminary plat
approval. Councilman Moore seconded the motion. The motion passed
4-1, with Vice Mayor Gardner, President Pro Tem Pierman, Councilman
Moore and Councilman Grinn voting aye, and Mayor Marks voting nay.
BUDGET TRANSFER - SANITATION-GAS AND OIL
Councilman Moore moved to approve a request for transfer of funds
from Sanitation-Waste Disposal (A7020-34340) to Sanitation-Gas &
Oil (A7020-35280) in the amount of $7,000. Vice Mayor Gardner
seconded the motion, and all present voted aye.
BUDGET TRANSFER - PROFESSIONAL SERVICES
Councilman Moore moved to approve a request for transfer of funds
from Council Contingency (A5540-49911) to Professional Services
(A5206-33190) to pay for the preparation of Exhibit B of the
Stipulated Settlement Agreement. President Pro Tem Pierman
seconded the motion, and all present voted aye.
' INTERLOCAL AGREEMENT - 1/2 PERCENT SALES TAX
Councilman Moore moved to oppose an Interlocal Agreement between
the Village of North Palm Beach and Palm Beach County concerning a
discretionary sales surtax of 1/2 percent. The motion was seconded
by President Pro Tem Pierman, and passed 5-0.
HARBOUR TOWER FENCE
Councilman Moore moved to approve the expenditure of $1,190 from
the fence account to build a 350' fence at Harbour Towers,
a.a..,.,-.,s. 4
Minutes of Regular Session
Held Thursday, July 26, 1990
1
conditional upon them signing the Agreement between the Village of
North Palm Beach and Harbour Towers, as prepared by the Village
Attorney. The motion was seconded by Vice Mayor Gardner, and all
present voted aye.
COUNTY ADMINISTRATOR REGARDING THE
1
Councilman Grinn moved that Council direct the Village Manager to
draft a letter to the County Commission regarding the widening of
Prosperity Farms Road. Vice Mayor Gardner gave a courtesy second
to the motion for purposes of discussion. Councilman Grinn
requested that a letter be sent asking the County to proceed with
other municipalities' projects that are in demand and not proceed
with the widening of Prosperity Farms Road. After discussion, it
was the consensus of Council that the letter be directed to the
County Commission from the Mayor and the Village Council, bearing
all signatures. All present voted aye.
There being no further business to come before Council, the meeting
was adjourned at 10:20 p.m.
a.,~,~r_,s.
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