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10-25-1990 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, OCTOBER 25, 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 7:32 p.m. All members of the Council and the staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE President Pro Tem Fierman gave the invocation and Councilman Moore led the Council and the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following minutes were approved as written: Minutes of Regular Session held Thursday, October 11, 1990 Minutes of Special Meeting held Thursday, October 18, 1990 1 PROCLAMATION - "CRIME AWARENESS WEEK" Mayor Marks, on behalf of the Village Council, presented a Proclamation on "Crime Awareness Week" to PSO Thomas Clark, our Crime Prevention Officer. REPORT OF THE MAYOR Under Report of the Mayor Councilman Grinn brought up Prosperity Farms Road. He stated that he had correspondence indicating that before Prosperity Farms Road was supposed to be widened, the County was supposed to get in touch with the Village. He said he was wondering whether Council wanted to go ahead with bringing this before the Countywide Planning Council and, if so, he wouldn't mind proceeding with that to see if he could bring it before the County for an Interjurisclictional Incompatibility as far as land use. The Mayor responded as follows: I suggest that you (Councilman Grinn) discuss this matter with Mr. Baldwin, the Village Attorney, to see if we have anything going and we will back you if you think you have something. ACCEPTANCE OF MINUTES The following minutes were accepted as written: Minutes of General Employees Pension Board Meeting held September 20, 1990 Minutes of Regular Meeting of Country Club Advisory Board held September 25, 1990 Minutes of Library Advisory Board Meeting held September 25, 1990 Minutes of Regular Meeting of Country Club Advisory Board held October 16, 1990 Minutes of Regular Session Held Thursday, oct. 25, 1990 Page 2 Minutes o£ Special Meeting of Country Club Advisory Board held October_22, 1990 REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS OF ADVISORY BOARDS Councilman Moore moved to accept the recommendation of the Country Club Advisory Board that the Special Events Application Form have the General Rules and Terms be an attached form to the specific application. The motion was seconded by Vice Mayor Gardner. During discussion, Vice Mayor Gardner withdrew his second and Councilman Moore withdrew his motion. Councilman Grinn moved to accept the following recommendations of the Country Club Advisory Board concerning members of the proposed Country Club Administrative Board: 1. All members should be appointed by the Council. 2. While seven members seem unwieldy, it probably will guarantee the best attendance and representation. 3. The new Board should meet at Village Hall. 4. The feeling is that the Board should coordinate golf course operation among the Greens superintendent, the Golf Pro and Business Administration. Mayor Marks passed the gavel to Vice Mayor Gardner and seconded the motion. The motion failed 2-3, with Mayor Marks and Councilman Grinn voting aye, and Vice Mayor Gardner, President Pro Tem Pierman and Councilman Moore voting nay. Vice Mayor Gardner returned the gavel to Mayor Marks. Councilman Moore moved to table the recommendation of the Country Club Advisory Board that Council approve the Santa Claus Open on December 28th, starting at 1:00 p.m., until they complete the form they are supposed to be using. The motion was seconded by Councilman Grinn and passed 3-2, with Mayor Marks, Councilman Moore and Councilman Grinn voting aye, and Vice Mayor Gardner and President Pro Tem Pierman voting nay. BILL NO. 620 TABLED Councilman Moore moved to table second reading of 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 MGRS 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 THS 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 THS BOUNDARY PLAT; PROVIDING FOR PLAT APPROVAL; SETTING FORTH REQUIREMENTS TO BE MET BY THS PETITIONER PRIOR TO ISSUANCE OF THS INITIAL 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 Minutes of Regular Session Held Thursday, Oct. 25, 1990 Page 3 until Exhibit "B" is updated to agree with the ordinance. The motion was seconded by Councilman Grinn and passed 3-2, with Mayor Marks, Councilman Moore and Councilman Grinn voting aye, and Vice Mayor Gardner and President Pro Tem Pierman voting nay. BILL 626 PLACED ON SECOND READING AND ADOPTED AS ORD. 36-90 ' President Pro Tem Pierman moved that Bill No. 626 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE DEFINITION FOR "ACTUARIAL EQUIVALENT" IN SECTION 2-146 OF DIVISION 3 OF ARTICLE V, PENSIONS AND RETIREMENT SYSTEMS OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THS VILLAGE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. The motion was seconded by Councilman Moore and all present voted aye. President Pro Tem Pierman moved that Bill No. 626 be adopted as Ordinance No. 36-90. The motion was seconded by Councilman Moore and all present voted aye. BILL 627 PLACED ON SECOND READING AND ADOPTED AS ORD. 37-90 Councilman Moore moved that Bill No. 627 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING WASTE DISPOSAL CHARGES FOR COMMERCIAL PROPERTY; ' PROHIBITING PRIVATE REMOVAL OF WASTE WITH EXCEPTIONS; WASTE DISPOSAL FEES DUS REGARDLESS OF VACANCY OR NON-USE OF PROPERTY; WASTE DISPOSAL BILLING PROCEDURES; SEVERABILITY CLAUSE AND EFFECTIVE DATE be placed on second reading and read by title alone. The motion was seconded by Vice Mayor Gardner and all present voted aye. Councilman Moore moved that Bill No. 627 be adopted as Ordinance No. 37-90. The motion was seconded by Vice Mayor Gardner and all present voted aye. BILL 628 PLACED ON FIRST READING Councilman Moore moved that Bill No. 628 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A COUNTRY CLUB ADMINISTRATIVE BOARD; PROVIDING FOR THE COMPOSITION, TERM OF OFFICE AND PROCEDURE FOR REMOVAL OF BOARD MEMBERS; PROVIDING FOR A QUORUM AND PROCEDURE FOR THE CALLING AND CONDUCT OF MEETINGS; PROVIDING FOR DUTIES OF THE BOARD; 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 Councilman Grinn. Councilman Grinn moved to amend Bill 628 as follows: To delete in Section 2, after Village, "and members of the North Palm Beach Country Club (hereinafter referred to as CLUB)" and insert the period after Village. In Section 2, Composition, insert a period after where it says "Village" and delete "and members of the North Palm Beach Country Club hereinafter referred to as CLUB" and then insert in Section 6, Duties, in the fourth line, "administration over the North Palm Beach Country Club (hereinafter referred to as CLUB)." Minutes of Regular Session Held Thursday, Oct. 25, 1990 Page 4 The motion was seconded by Councilman Moore and passed 3-2, with Mayor Marks, Councilman Grinn and Councilman Moore voting aye, and Vice Mayor Gardner and President Pro Tem Pierman voting nay. Thereafter Council voted on the main motion, as amended, which passed 3-2, with Mayor Marks, Councilman Moore and Councilman Grinn voting aye and Vice Mayor Gardner and President Pro Tem Pierman voting nay. BILL 629 REMOVED FROM AGENDA Bill No. 629 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1990-91 TO APPROPRIATE FUNDS FOR REFORMATTING OF THE VILLAGE CODE was removed from the agenda. Council felt that the motion in the Minutes of Regular Session held October 11, 1990 regarding the authorization to transfer funds for payment to Municipal Code Corporation would suffice. They did not feel that an ordinance was necessary. RESOLUTION NO. 31-90 ADOPTED Councilman Grinn moved that Resolution No. 31-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR, THE VILLAGE ' CLERK AND THE DIRECTOR OF PUBLIC SERVICES TO SIGN A CERTAIN PLAT be adopted. The motion was seconded by Councilman Moore and all present voted aye. SOLUTION NO. 32-90 ADOPTED President Pro Tem Pierman moved that Resolution No. 32-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE ANNUAL VENDOR CONTRACTS FOR LABOR AND MATERIALS AS AWARDED BY PALM BEACH COUNTY AND BY THE STATE OF FLORIDA AND PROVIDING FOR AN EFFECTIVE DATE be adopted. The motion was seconded by Councilman Moore and all present voted aye. RESOLUTION NO. 33-90 ADOPTED Vice Mayor Gardner moved that Resolution No. 33-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, TRANSMITTING THE RESPONSE OF THS VILLAGE OF NORTH PALM BEACH TO FINDINGS MADE BY THE PALM BEACH COUNTYWIDE ' PLANNING COUNCIL AS TO THE POTENTIAL INTERJURISDICTIONAL INCOMPATIBILITIES OF THE NORTH PALM BEACH ADOPTED COMPREHENSIVE PLAN be adopted. The motion was seconded by President Pro Tem Pierman. President Pro Tem Pierman moved to amend Resolution No. 33-90 by incorporating Section 2 as follows: Sec. 2. The attached "policy potential interjurisdictional incompatibilities" report forms have been completed indicating the City's response to the same; notwithstanding the position of the City that the Minutes of Regular Session Held Thursday, Oct. 25, 1990 Page 5 subject matter of these "policy" incompatibilities is beyond the jurisdiction and authority of the Planning Council as described in the County Charter of Palm Beach. In responding to the "policy potential interjurisdictional incompatibility report forms," the City has indicated specifically certain policies which the City believes are absolutely beyond the jurisdiction of the Planning Council; however, by responding with page and policy numbers to certain of the categories on the response forms, the City does not consent to or acknowledge the jurisdiction of the Palm Beach Countywide Planning Council in these areas, but specifically reserves the right to question the jurisdiction and/or authority of the Palm Beach Countywide Planning Council with regard to all policies now and in the future. Our Section 2 would then become Section 3. The motion was seconded by Councilman Moore. Councilman Grinn moved to amend the amendment as follows: Where it says City, change that to Village. In the second sentence drop the following: In responding to the "policy potential interjurisdictional incompatibility report forms," the City has indicated specifically certain policies which the City believes are absolutely beyond the jurisdiction of the Planning Council. Delete "however" and start the next sentence with a capital "B"; By responding, etc. President Pro Tem Pierman seconded the motion to amend the amendment. ' Council then voted on the amendment and the amendment to the amendment. All present voted aye. Further discussion on the resolution ensued, and thereafter Council voted on the main motion, as amended. All present voted aye. RESOLUTION RE GARDEN LANE - VACATE/ABANDON TABLED Councilman Moore moved not to approve the following Resolution: A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, DIRECTED TO THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, AGREEING TO THE ABANDONMENT OF A TWENTY FOOT WIDE PUBLIC RIGHT-OF-WAY KNOWN AS GARDEN LANE, LOCATED IN SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, LYING WEST OF PROSPERITY CREEK AND SOUTH OF MONET ROAD The motion was seconded by Councilman Grinn. vice Mayor Gardner moved to table above resolution until Workshop. The motion was seconded by Councilman Moore 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. RESOLUTION RE WASTE COLLECTION - ROBALO COURT AREA The resolution concerning waste collection in the Robalo Court area was removed from the agenda, after which President Pro Tem Pierman moved to instruct the Village Attorney to construct a letter, signed by the Mayor, to indicate that we would not like their (Waste Management's) services to continue. The motion was seconded by Councilman Moore and all present voted aye. RESOLUTION NO. 34-90 ADOPTED President Pro Tem Pierman moved that Resolution No. 34-90 entitled: Minutes of Regular Session Held Thursday, Oct. 25, 1990 Page 6 A RESOLUTION OF THE VILLAGE COUNCIL OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, OPPOSING AN EFFORT BY THS PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO MAKE ALL COUNTY ORDINANCES RELATING TO ENVIRONMENTALLY SENSITIVE LANDS APPLICABLE AND ENFORCEABLE WITHIN MUNICIPAL BOUNDARIES ' be adopted. The motion was seconded by Councilman Grinn and all present voted aye. RESOLUTION NO. 35-90 ADOPTED Councilman Moore moved that Resolution No. 35-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, IN OPPOSITION TO THE PROPOSED REFERENDUM BY THE COUNTY BOARD OF COUNTY COMMISSIONERS FOR ADOPTION OF A HALF (1/2) CENT SALES TAX FOR A 5 YEAR PERIOD WITH TAX MONIES TO BE UTILIZED FOR FUNDING OF COURTS AND JAILS, AND AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS AND PALM BEACH COUNTY MUNICIPAL LEAGUE, AND SUCH OTHER PERSONS AS THE MAYOR MAY DIRECT; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF be adopted. The motion was seconded Vice Mayor Gardner and all present voted aye. RECESS The meeting was recessed at 9:40 p.m. and was reconvened at 9:55 p.m. ' NAGE CONTRACT The NAGE contract was removed from the agenda. It was not ready to be accepted, ratified and signed. CANCELLATION OF MEETINGS - HOLIDAYS Vice Mayor Gardner moved to cancel the Council Meetings of Thursday, November 22, 1990 and Thursday, December 27, 1990, due to the Thanksgiving and Christmas holidays. The motion was seconded by Councilman Moore and all present voted aye. OF THE President Pro Tem Pierman moved to accept the offer of $150,000.00 from Harbour Point PUD in satisfaction of Section 36-23 of the Village Code. The motion was seconded by Vice Mayor Gardner. Vice Mayor Gardner moved to amend the motion as follows: that any minimum 5% cash contribution in lieu of land from a PUD be made to a specially designated fund established with restrictions on expenditures of said funds for Parks, Recreation and Open Space Capital Facilities; said fund and restrictions to be established by ' ordinance immediately. The motion was seconded by Councilman Moore and all present voted aye. Mayor Marks passed the gavel to Vice Mayor Gardner and moved to remove Bill No. 620 from the table and vote on it tonight. 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. Vice Mayor Gardner returned the gavel to Mayor Marks. Thereafter Council voted on the motion to accept the offer of $150,000.00 from Harbour Point PUD in satisfaction of Section 36-23 Minutes of Regular Session Held Thursday, Oct. 25, 1990 Page 7 of the Village Code. The motion passed 3-2, with Mayor Marks, Vice Mayor Gardner and President Pro Tem Pierman voting aye, and Councilman Grinn and Councilman Moore voting nay. Vice Mayor Gardner moved that Bill No. 620 be placed on second reading and read by title alone. The motion was seconded by t President Pro Tem Pierman. Vice Mayor Gardner amended the motion as follows: to accept Bi11 No. 620 with the exceptions as outlined in the letter from Mr. Larry Smith to Council dated October 23, 1990, copy of which is attached to the minutes of this meeting. The motion was seconded by President Pro Tem Pierman. Councilman Grinn moved to table Bill No. 620. The motion was seconded by Councilman Moore and failed 2-3, with Councilman Grinn and Councilman Moore voting aye, and Mayor Marks, Vice Mayor Gardner and President Pro Tem Pierman voting nay. COUNTRY CLUB RESTAURANT LSASS Councilman Moore moved that we not renew the Country Club restaurant lease with Jongeneel & Jansen, Inc. Mayor Marks passed the gavel to Vice Mayor Gardner and seconded the motion. The motion passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Moore voting aye and Councilman Grinn voting nay. Vice Mayor Gardner returned the gavel to Mayor Marks. ' RECESS Due to the eleven o'clock curfew, the meeting was recessed at 11:00 p.m. l__J JOHN W. GARY, III RICHARD G. DYTRYCH JAMES H. RYAN DONALD R. BIC KN ELL, JR. LAWRENCE W. BMITH RICHARD R. EL LINGTON ALYS NAGLER OA NIELS PETER M. ARMOLD October 23, 1990 ~~ ~~~ PRO FEBBIO NAL ASSOCIATION 701 U. 5. ONE, SUITE 402 NORTH PALM BEACH, FLORIDA 33406 TELEPHONE (4071 844-370D f 4x: (4077 84a-2388 V. A. Marks, M.D., Mayor Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 Re: Harbour Point Marina PUD and Preliminary Plat Dear Dr. Marks: Enclosed for your convenience and review is a set of plans as referenced on Composite Exhibit "B" of the proposed Ordinance for Harbour Point Marina. By copy of this letter and enclosures, I am furnishing each Council Member with his or her own set of plans. The plans are as have been presented throughout this entire process. Mr. Baldwin has furnished me with a copy of the revised, proposed Ordinance. We are generally in agreement with all of the provisions as set forth, but would like -to request of Council that you consider allowing a building permit to be issued for the marina operations building near the fuel dock and allow incidental building permits associated with maintenance and repair of existing facilities without requiring payment of the $150,000 impact fee and other performance-type obligations of the Developer. Our request is based on the following: 1. Presently marina operations are run from a converted single family house which is located on the north side of the entry channel to the marina where the residential buildings are proposed. As I have consistently advised, Mr. Milling is in hopes of generating some cash flow out of the marina property in order to pay the foregoing impact fee and to begin other development. Should he be successful in marketing the residential portion of ..the PUD, it would require moving the marina operations to another location. Accordingly, it would be Mr. Milling's intent to construct the new marina operations building at a pace which would allow him to utilize his own construction crews in the event of "down time" in his construction and dredging .operations. This method would allow him to build the new marina operations building much less expensively and at his own pace in anticipation of the successful marketing of the residential portion of the PUD. 2. As you know, there are quite a few existing facilities on-site already. We would ask that building permits issued in conjunction with maintenance and repair cf existing facilities V. A. Marks, M.D., Mayor -.-_ Village of North Palm Beach ,_ October 23, 1990 -__-`--' Page 2 -: (such as dock reconstruction) not trigger the payment of the $150,000 impact fee and other developer obligations. If Council is prepared to accept our request, I would suggest inserting a parenthetical phrase in several places as follows: (other than for the marina generally located in the vici as shown on the Exhibit "B" than building permits issued repair of existing facilities the Exhibit "A" property). operations building zity of the fuel dock site plan, and other for maintenance and currently located on I would ask that the foregoing language be inserted as follows: 1. In Section 4 after the language "upon issuance of the first building permit" 2. In Section 5 after the language "Prior to the issuance of a Building Permit for any structure or building upon the real property described in Exhibit "A"." 3. In Section 6 after the language "Prior to the issuance of a Building Permit for any structure or building upon the real property described in Exhibit "A"," 4. In Section any phase o Please understand certainly not to It is simply in operation. 11 after the language "No Building Permit for E the Planned Unit Development." that the intent of the foregoing request is circumvent any of the requirements of the PUD. connection with the needs of the marina We would appreciate your favorable consideration of our request. Sincerely, Y, DYTRYCH & RYAN, P.A. ~''~^-~ 1~,1, ~~' `~ ` Lawrence W. Smith LWS:apd Enclosure cc: Mr. Dennis Kelley (w/o encl.) George Baldwin, Esguire (w/o encl.) Mr. Charles O'Melia (w/o encl.) Ms. Dolores R. Walker, City Clerk (w,~o encl.)~~ Glenn Milling (w/o encl.) Jeff Gapstur (w/o encl.) AD-1924 (#8457 ) GARY. DYTRYCH & RYAN, PA.