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1991 APR 11_2MINUTES OF THE REGULAR SESSION ' OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, APRIL 11, 1991 Present: Jerry Gardner, Mayor Judy M. Pierman, Vice Mayor V. A. Marks, M. D. , President Pro Tem Manny Grinn, Councilman Thomas F. Kelsey, Ph.D., Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Gardner called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE President Pro Tem Marks gave the invocation and Mayor Gardner led the Public in the Pledge of Allegiance to the Flag. ' APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Public Hearing held 3/28/91 - 7:00 p.m. Minutes of Public Hearing held 3/28/91 - 7:15 p.m. The Minutes of Regular Session held 3/28/91 were approved as corrected. PROCLAMATION - NATIONAL LIBRARY WEEK Mayor Gardner read a proclamation designating April 14-20, 1991 as National Library Week. Nancy Moore, Director of the North Palm Beach Public Library, was present to accept the proclamation. ACCEPTANCE OF MINUTES The following Minutes were accepted as written: Minutes of Planning Commission Meeting held 3/5/91 ' Minutes of Regular Meeting of Country Club Administrative Board Meeting held 3/18/91 Minutes of Special Meeting of Country Club Administrative Board Meeting held 3/25/91 Minutes of Regular Session Held Thursday, April 11, 1991 Minutes of Code Enforcement Board Meeting held 4/1/91 SPECIAL MEETING SET At the request of Vice Mayor Pierman, Mayor Gardner called a Special Meeting of Council to be held Saturday, April 13, 1991, at 9:00 a.m. in the Conference Room of the Village Hall. The purpose of the meeting is to discuss the Palm Beach Countywide Planning Council. EMERGENCY PURCHASE OF PRINTER The Council authorized an emergency transfer of funds by the Village Manager to purchase a replacement printer for the Finance Department. BETA SYSTEM President Pro Tem Marks moved to authorize the Village Manager to reply in writing to a letter received from Xeta Systems, which offered a two-month extension of the approval period of the computerized tee time system, accepting the extension and adding ' comments as suggested by the Village Attorney. Councilman Grinn seconded the motion, and all present voted aye. The Village Manager was also directed to prepare a schedule of the Village's obligations under this extension. BILL 625 ADOPTED AS ORDINANCE 13-91 President Pro Tem Marks moved that Bill 625 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT ACT, AS AMENDED, BEING SECTIONS 163.3161 ET. SEQ., FLORIDA STATUTES; ATTACHING AS ESHIBIT "A" A COPY OF THE AMENDMENTS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES be placed on second reading and read by title alone. Vice Mayor Pierman seconded the motion, and all present voted aye. Vice Mayor Pierman moved to adopt Bill 625 as Ordinance 13-91. President Pro Tem Marks seconded the motion, and all present voted aye. Minutes of Regular Session ' Held Thursday, April 11, 1991 BILL 648 ADOPTED AS ORDINANCE 14-91 President Pro Tem Marks moved that Bill 648 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A 29.8 ACRE PARCEL OF LAND LOCATED SOUTH OF MONET ROAD, NORTH OF GARDEN LANE, WEST OF INTRACOASTAL WATERWAY AND EAST OF PROSPERITY FARMS ROAD, WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF FROM R-1 SINGLE FAMILY DWELLING DISTRICT AND R-3 APARTMENT DWELLING DISTRICT TO R-2 MULTIPLE FAMILY DWELLING DISTRICT; 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. Mayor Gardner passed the gavel to Vice Mayor Pierman and seconded the motion. President Pro Tem Marks moved to table the issue until discussion of Bill 649 was heard. All present voted aye. Vice Mayor Pierman returned the gavel to Mayor Gardner. ' BILL 649 ADOPTED AS ORDINANCE 15-91 President Pro Tem Marks moved that Bill 649 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "SANCTUARY BAY" UPON THOSE CERTAIN LANDS COMPRISING 29.8 ACRES LOCATED WITHIN THS 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; PROVIDING FOR A PERIMETER LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION; PROVIDING FOR A CASH CONTRIBUTION AS A CONDITION FOR THE APPROVAL OF THE BOUNDARY PLAT; PROVIDING FOR PLAT APPROVAL; PROVIDING THAT ALL ROADWAYS WITHIN THS PLANNED UNIT DEVELOPMENT SHALL BS PRIVATE; PROVIDING THAT ALL BOAT SLIPS AND DOCKS SHALL BE PRIVATE AND NON-COMMERCIAL; PROVIDING FOR REVIEW AND APPROVAL OF CONDOMINIUM DOCUMENTS OR HOMEOWNERS' DOCUMENTS BY THE VILLAGE ATTORNEY; SETTING FORTH RSQUIRBMSNTS TO BE MET BY THE PETITIONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING PERMIT; PROVIDING FOR TIME OF COMMENCEMENT AND TIME OF ' COMPLETION FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR APPROVAL OF SIGNRGE AND TEMPORARY SALES CENTER BY THS VILLAGE COUNCIL; PROVIDING FOR DETERMINATION OF WETLANDS 3 Minutes of Regular Session Held Thursday, April 11, 1991 AND FOR APPROVALS AND PERMITS NECESSARY FROM REGULATORY AGENCIES; 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 second reading and read by title alone. Councilman Grinn objected to consideration. The vote to consider passed 4-1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman, and Mayor Gardner voting aye, and Councilman Grinn voting nay. Councilman Kelsey then seconded the motion. Changes were made to Bill 649, as follows: 1. Page 5, Section 10, last sentence: delete the word "subsequent" and insert the word "prior." 2. Page 5, Section 11 shall read: All signage for the Planned Unit Development and any temporary sales center site must be approved by the Planning Commission of the Village. Additionally, the caption of the Bill on Page 1 shall reflect this change. ' 3. Page 6, Section 14 shall have an addition stating what shall not be considered minor modifications, including but not limited to the following: a. increase in number of units b. increase in height of buildings c. change in access to the property d. relocation of parking lots e. changes in recreation amenities 4. Section 20 shall read: This Ordinance shall take effect upon changes in the Comprehensive Plan being accomplished. 5. Paqe 1, Section 1, the phrase "located South of Monet Road" shall be changed to read "located immediately South of Monet Road." 6. The phrase "located immediately South of Monet Road" shall also be incorporated into the caption of Bill 648. Councilman Grinn moved to postpone the second reading and enactment of Bill 649 indefinitely. The motion died for lack of a second. t At this time, President Pro Tem Marks made a motion to remove Bill 648 from the table. All present voted aye. 4 ' Minutes of Regular Session Held Thursday, April 11, 1991 A vote was then taken to approve the second reading of Bill 648, as moved earlier. The motion passed 4-1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. President Pro Tem Marks moved to adopt Bi11 648, as amended, as Ordinance 14-91. Councilman Kelsey seconded the motion, which passed 4-1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. President Pro Tem Marks moved to approve the second reading and enactment of Bill 649. Mayor Gardner passed the gavel to Vice Mayor Pierman and seconded the motion. With no further discussion, the motion passed 4-1, with President Pro Tem Masks, Mayor Gardner, Councilman Kelsey and Vice Mayor Pierman voting aye, and Councilman Grinn voting nay. Vice Mayor Pierman returned-the gavel to Mayor Gardner. President Pro Tem Marks moved to adopt Bill 649, as amended, as Ordinance 15-91. Councilman Kelsey seconded the motion. The motion passed 4-1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye, and Councilman Grinn voting nay. BILL 650 ADOPTED AS ORDINANCE 16-91 President Pro Tem Marks moved that Bill 650 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLAN TO AWARD AND PROVIDE RETIREMENT INCOME FOR ACTIVE MEMBERS OF THE VOLUNTEER FIREFIGHTERS OF THE VILLAGE OF NORTH PALM BEACH IN RECOGNITION OF THEIR YEARS OF DEDICATED COMMUNITY SERVICE; 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. Vice Mayor Pierman seconded the motion. The motion passed 5-0. Vice Mayor Pierman moved to adopt Bill 650 as Ordinance 16-91, with President Pro Tem Marks seconding the motion. The motion passed 5- 0. BILL 651 PLACED ON FIRST READING t Councilman Grinn moved that Bill 651 entitled: 1 1 Minutes of Regular Session Held Thursday, April 11, 1991 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE LAST PARAGRAPH OF SUBSECTION (a) OF SECTION 2-174, CODE ENFORCEMENT BOARD, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE TO ELIMINATE THE PROVISION THAT RESTRICTS REAPPOINTMENT OF A MEMBER TO ONE SUCCESSIVE TERM; 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. Vice Mayor Pierman seconded the motion, which passed 5-0. BUDGET TRANSFER FOR LEGAL ADVERTISING councilman Grinn moved to approve a budget transfer in the amount of $2,500.00 from Account A5540-49911 (Council Contingency) to Account A4801-34910 (Legal Advertising) for unanticipated costs in election advertising and ordinance advertising. Councilman Kelsey seconded the motion, with all present voting aye. There being no further business to come before the Council, the meeting adjourned at 9:15 p.m.