1991 SEPT 19MINUTES OF RSGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
RECONVENED THURSDAY, SEPTEMBER 19, 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 reconvened the September 12, 1991 Regular Session at
7:30 p.m. on Thursday, September 19, 1991. All members of Council
were present. All members of staff were present:
INVOCATION AND PLEDGE OF ALLEGIANCE
' Vice Mayor Pierman gave the invocation, and Councilman Kelsey led
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 August 22, 1991
REPORT OF THE MRYOR
Mayor Gardner announced that, due to the length of the agenda, the
3-minute time limit for statements from the public would be
enforced.
Mayor Gardner directed the Village Manager and Mr. O'Meilia to
respond in writing to Councilman Grinn's questions regarding monies
allocated for the Comprehensive Plan Agreement, both in the current
budget and the budget for FY 1991-92.
Vice Mayor Pierman moved to follow the agenda as stated, but limit
the discussion on the Linpro bills to. one hour initially, then go
on to address the budget ordinance and return to Linpro discussion
after that, if necessary. President Pro Tem Marks seconded the
motion, and all present voted aye.
' RECEIPT OF MINUTES
The following Minutes were received as submitted:
t Minutes of Reconvened Regular Session - Thursday, September 19, 1991
Minutes of Planning Commission Meeting held August 6, 1991
Minutes of Country Club Administrative Board Meeting held
August 19, 1991
Minutes of Special Planning Commission Meeting held August 21,
1991
Minutes of Special Country Club Administrative Board Meeting
held August 26, 1991
RECOMMENDATION OF COUNTRY CLUB ADMINISTRATIVE BOARD
Vice Mayor Pierman moved to receive and file the recommendation of
the Country Club Administrative Board to transfer requested funds
(Items 12.c, d., e., and f. on agenda) but to hold them in abeyance
to make funds available for the Group Health deficit. Councilman
Grinn seconded the motion, and all present voted aye.
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly announced that the employee picnic
would be held on Saturday, September 28, 1991 from 11 a.m. to 3
p.m. at the Country Club. Also, on Saturday, September 21, 1991,
the Public Safety Department will hold an Open House at the Village
Hall from 10 a.m. to 1 p.m.
Mr. Kelly stated that he would be out of the state during the week
of September 23, 1991, and Mr. O'Meilia would be the Acting village
Manager during that time.
BILL 657 PLACED ON SECOND READING AND ADOPTED AS ORDINANCE 27-91
President Pro Tem Marks moved that Bill 657 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ANNEXING TO THE VILLAGE CERTAIN AREAS OF PROPERTY;
PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO
BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE TO
INCLUDE SAID PROPERTY; AND PROVIDING AN EFFECTIVE DATE
be placed on second reading and read by title alone. Councilman
Kelsey seconded the motion.
' Councilman Grinn moved to amend Bill 657 to include the following:
"Nothing should be construed, as expressed or implied, that the
Village Council of the Village of North Palm Beach makes any
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' Minutes of Reconvened Regular Session - Thursday, September 19, 1991
agreement other than that of annexing this property into the
Village." Vice Mayor Pierman seconded the motion for the purpose
of clarification. With no further explanation by Councilman Grinn,
Vice Mayor Pierman withdrew her second.
After discussion, President Pro Tem Marks moved to call the
question, which passed 4-1, with President Pro Tem Marks,,
Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner voting aye;
and Councilman Grinn voting nay. Thereafter, the original motion
to approve Bill 657 for second reading 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 moved to adopt Bill 657 as Ordinance 27-91.
President Pro Tem Marks seconded the motion. The motion passed 4-
1, with Councilman Kelsey, President Pro Tem Marks, Vice Mayor
Pierman and Mayor Gardner voting aye, and Councilman Grinn voting
nay.
' BILL 658 PLACED ON SECOND READING AND ADOPTED AS ORDINANCE 28-91
President Pro Tem Marks moved that Bill 658 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
REZONING A RECENTLY ANNEXED 33.42 ACRE PARCEL OF LAND
LYING GENERALLY EAST OF PROSPERITY FARMS ROAD, NORTH OF
MONET ROAD AND WEST OF THE INTRACOASTAL WATERWAY AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF FROM PALM BEACH COUNTY ZONING DISTRICT
R5 TO R-1 SINGLE FAMILY DWELLING DISTRICT; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
be placed on second reading and read by title alone. Councilman
Kelsey seconded the motion, and all present voted aye.
Vice Mayor Pierman noted that the acreage was stated incorrectly as
33.43, and should be changed throughout the Ordinance to reflect
the correct acreage as 33.42.
Councilman Kelsey moved to adopt Bill 658 as Ordinance 28-91. Vice
Mayor Pierman seconded the motion, and all present voted aye.
' BILL 659 PLACED ON SECOND READING AND ADOPTED A5 ORDINANCE 29-91
President Pro Tem Marks moved that Bill 659 entitled:
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' Minutes of Reconvened Regular Session - Thursday, September 19, 1991
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY
HARBOR NORTH" UPON THOSE CERTAIN LANDS COMPRISING 33.42 ACRES,
MORE OR LESS, 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; PROVIDED FOR A PERIMETER
LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION; PROVIDING FOR A CA5H
CONTRIBUTION TO THE VILLAGE OR CONVEYANCE OF TITLE TO THE REAL
PROPERTY KNOWN AS "ANCHORAGE PARK" TO THE VILLAGE AND
CONSISTING OF 3.2274 ACRES MORE OR LESS AS A CONDITION FOR THE
APPROVAL OF THE PLAT; PROVIDING FOR PLAT APPROVAL; PROVIDING
THAT ALL STREETS, WATERWAYS, STREET LIGHTS, AND OTHER
INFRASTRUCTURE IMPROVEMENTS SHALL BE PRIVATE AND SHALL BE
MAINTAINED BY A PROPERTY OWNERS ASSOCIATION; PROVIDING FOR
REVIEW AND APPROVAL OF CONDOMINIUM DOCUMENTS OR HOMEOWNERS
DOCUMENTS BY THE VILLAGE ATTORNEY; SETTING FORTH REQUIREMENTS
' TO BE MST 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 SIGNAGE AND TEMPORARY SALES CENTER BY THE VILLAGE
COUNCIL; PROVIDING FOR DETERMINATION OF WETLANDS 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
Kelsey seconded the motion.
Mayor Gardner passed the gavel to Vice Mayor Pierman, and moved to
amend Bill 659 by adding the follows"ng: "It is the specific intent
of the Village Council, in the enactment of this Planned Unst
Development ordinance, that all applicable environmental permitting
agencies, including but not limited to, the Department of Natural
Resources, the Department of Environmental Regulation, the
Department of Environmental Resources Management, and the U. S.
Army Corps of Engineers, rigorously enforce all environmental laws
and regulations that are in force, and that such agencies consult
with the Village Council and keep the Council fully apprised as to
the status of each and every application by Petitioner before such
' permitting agency." President Pro Tem Marks seconded the motion.
During discussion, Councilman Kelsey asked Mayor Gardner to amend
his motion by adding the following sentence to his amendment: "The
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' Minutes of Reconvened Regular Session - Thursday, September 19, 1991
Village is particularly concerned with existing shoreline and
upland vegetation/wildlife communities and the potential
degradation or depletion of potable and irrigation quality ground
water by the construction of the canals." Mayor Gardner agreed to
incorporate this sentence into his amendment, with the seconder,
President Pro Tem Marks, in concurrence.
Councilman Grinn suggested that the amendment be highlighted and
sent with a cover letter to the applicable agencies, as stated in
the amendment.
Thereafter, the motion to amend Bill 659 passed unanimously.
Vice Mayor Pierman returned the gavel to Mayor Gardner..
Vice Mayor Pierman moved to amend Bill 659 to provide a cash
contribution of $200,000 to the Village and conveyance of title to
Anchorage Park. Councilman Grinn seconded the motion. During
discussion, David Mackey, representing Linpro, Fla., Inc., while in
' agreement with giving both a cash contribution plus title to
Anchorage Park, stated that a cash contribution in an amount of
$200,000 was unacceptable. Mr. Mackey made a counteroffer of
$25,000 plus title to Anchorage Park, which the Council found
inadequate. After further discussion and request by Council for a
more equitable cash amount, Mr. Mackey amended his offer to
Anchorage Park plus $100,000.
Vice Mayor Pierman revised her motion to amend Bill 659 to provide
a cash contribution of $125,000 plus conveyance of title to
Anchorage Park, with agreement from the seconder, President Pro Tem
Marks. The motion passed 3-2, with Vice Mayor Pierman, President
Pro Tem Marks and Mayor Gardner voting aye, and Councilman Grinn
and Councilman Kelsey voting nay.
Village Attorney George Baldwin asked Mr. Mackey, for the record,
if the developer was agreeable to giving a cash contribution of
$125,000 plus title to Anchorage Park to the Village of North Palm
Beach, as outlined in the PUD. Mr. Mackey answered in the
affirmative. Mr. Baldwin also clarified with Mr. Mackey that both
the cash contribution of $125,000 and,the title to Anchorage Park
would be given to the Village either upon first building permit or
within the first three years, whichever occurs first, unless
extended one year. Mr. Mackey was in agreement. Mr. Baldwin asked
Mr. Mackey if he were contractually able to tie up Anchorage Park
' for a possible three or four years. Mr. Mackey said yes.
The meeting recessed at 9:25 p.m. and reconvened at 9:35 p.m.
' Minutes of Reconvened Regular Session - Thursday, September 19, 1991
As voted on earlier in the meeting, the Council interrupted the
discussion on Bill 659 at this time for the purpose of addressing
Bill 668, a proposed ordinance adopting budgets for FY 1991-92.
BILL 668 PLACED ON FIRST READING
President Pro Tem Marks moved that Bill 668 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ADOPTING BUDGETS FOR THE FISCAL YEAR OCTOBER 1, 1991 TO
SEPTEMBER 30, 1992, BOTH INCLUSIVE, FOR THE VILLAGE OF
NORTH PALM BEACH GENERAL FUND, INCLUDING DEBT RETIREMENT,
AND FOR THE NORTH PALM BEACH COUNTRY CLUB REVENUE FUND;
AND REPEALING ALL ORDINANCES IN CONFLICT WITH THIS
ORDINANCE
be placed on first reading and read by title alone. Councilman
Kelsey seconded the motion.
' Discussion was held concerning revisions to the tentative budget,
as made by the Council during first Public Hearing and the
additional Budget Workshop of September 15, 1991, as well as
changes to the Country Club budget made during the Special Country
Club Administrative Board meeting held September 18, 1991. Also
discussed was the reduction in the millage rate £rom 4.36~to 4.26.
President Pro Tem Marks moved to amend the budget by incorporating
all revisions made at referenced meetings, details of which is
attached to the official Minutes of this meeting.
Councilman Grinn moved to further amend the budget by appropriating
an additional $2,000 to Line Item A7927-66610 (Books &
Publications) in the Library budget. Vice Mayor Pierman seconded
the motion. During discussion, a motion by Vice Mayor Pierman to
call the question passed 4-1, with Vice Mayor Pierman, Councilman
Kelsey, President Pro Tem Marks and Mayor Gardner voting aye, and
Councilman Grinn voting nay.
The motion to amend the budget by appropriating an additional
$2,000 to the Library for books carried 3-2, with Councilman Grinn,
Vice Mayor Pierman and Mayor Gardner voting aye, and President Pro
Tem Marks and Councilman Kelsey voting nay.
The original motion to incorporate revisions in the proposed budget
passed 5-0.
' Thereafter, the original motion to place Bill 668, as amended, on
first reading passed 5-0.
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' Minutes of Reconvened Regular Session - Thursday, September 19, 1991
Because the proposed utility tax was reduced from 6% to 5% in the
budget process, Item 10.h. (Bill 669) was dropped from the agenda.
CONTINUATION DISCUSSION OF BILL 659
Discussion resumed with a motion on the floor to approve second
reading of Bill 659, creating a PUD known as Prosperity Harbor
North.
The original motion, as amended, 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 Bill 659 as Ordinance 29-91,
and 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.
Due to the lateness of the hour, remaining Linpro items, 10.d. and
' 10.e. on the agenda will be addressed as the first order of
business at the September 26, 1991 Regular Session.
Item 11.a on the agenda regarding partial abandonment of Garden
Lane was forwarded to the next Regular Session agenda.
BUDGET TRANSFERS APPROVED PENDING AVAILABILITY OF FUNDS
President Pro Tem Marks moved to approve the budget transfers, as
recommended by the Country Club Administrative Board, pending
availability of funds, and listed on Agenda as Items 12.c. through
12.f., and Item 12.g. budget transfer, as stated. Councilman
Kelsey seconded the motion.
The budget transfers were as follows:
Transfer of funds from L8046-66430 (Furniture & Fixtures) in the
amount of $2,000.00 to L8051-34620 (R & M-Bldg. & Grounds) for the
purpose of repairing the electrical system at swimming pool.
Transfer of funds from L8047-34420 (Rental Equipment) in the amount
of $11,500.00 to L8045-66490 (Machinery & Equipment) for the
purpose of purchasing a golf course utility vehicle and blower.
Transfer of funds from various Country Club accounts in the amount
' of $1,190.00 to L8045-34640 (R & M-Irrigation) for the purpose of
installing additional irrigation.
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' Minutes of Reconvened Regular Session - Thursday, September 19, 1991
Transfer of funds from L8046-66430 (Furniture & Fixtures) in the
amount of $1,000.00 to L8050-66490 (Machinery & Equipment} for the
purpose of purchasing a used utility cart for tennis.
Transfer of funds from A5540-49915 (Reserve-COL & Benefits} in the
amount of $43,060.00 to various accounts for Regular Pay and FICA
for the purpose of covering retroactive 9% PBA raises for FY 1990-
91 as negotiated in the PBA contract.
The motion passed unanimously.
BUDGET TRANSFER APPROVED FOR DEFICIT IN GROUP HEALTH
President Pro Tem Marks moved to approve the Finance Department's
request to transfer funds from various accounts in the General Fund
to A5540-49913 (Group Health) in the amount of $126,400, and from
various accounts in the Country Club Fund to L8070-49913 (Group
Health) in the amount of $31,600, to cover deficits created by an
increase in group health claims experience. Councilman Grinn
seconded the motion, and all present voted aye.
' ~~reached the curfew of 11:00 p.m., the meeting adjourned.
. xelly, village
~~
8
1
siscFS VILLAGE OF NORTH PALM BEACH
GENERAL FUND
REVISED CHANGES
BASED ON 9/12 & 9/15
COUNCIL MEETING ON FY 1991-92 BUDGET
PROPOSED
BUDGET INCREASE
91-92 REVISED (DECREASE) TOTAL
'
REVENUES: PER BUDGET 1991-92 6X50,872.
T
AOI00-00110 AD VALOREM TAXES 2,849,332 2,783,980 (65 352) $
A0400-00100 ELECTRICrUTILTTY TAX - 490,000 410,W0 (80 000)
<~
A0618-03910 MARINA 71,000 61,800 (9,200)„___',';.„,_,,,,,.,_;, ~I
A0618-03920 MARINA DECALS 3,300 2,860 (440)
A3700-08410 ADMINISTRATION-NPBCC 58,600 50,600 (8 000)
A3100-0S110 INTEREST-CC LOAN 11,500 - 0 (11500) ,
A3100-08200 INTEREST-SBA 88,500 SOQ000 11500 "" "'
A4600-09100 APPROPRIATED FUND BALANCE 350,000 500,000 150,000 , ,
TOTAL INCREASE (DECREASh7 IN REVENUE: %??'-(12,992)
REVISED REVENUES: ~ :.6 437,880".
-
'
EXPENSES: PER BUDGET 1991-92 6;450;872
~"~~"
A4801-35420 MEMBERSHIPS & DUES 3,485 685 (2 800)
A5 105-33 1 1 3 LABOR SERVICES 3,000 1,500 ~ (I 500)
A6416-35294 UNffORMS & SHOES 2,651 2,170 (481)
A5540-49900 VIL. MGR. CONTINGENCY 10,000 0 (30 000) ~
A5540-49911 COUNCIL CONTINGENCY 94,462 96,251 1 789
E
W,t
TOTAL INCREASE (DECREASE) IN EXPENSES: u3~ (12,992)
REVISED EXPENSES: .:.:.:.b,43T,~p~',
1
1
0
1
visccs VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB
SUGGESTED REVISED CHANGES
BASED ON 9/12 & 9/15
COUNCIL MEETING ON FY 1991-92 BUDGET
PROPOSED
BUDGET INCREASE
' 91-92 REVISED (DECREASE) TOTAL
REVENUES: PER BUDGET 1991-92
i s
> ;1 ~~ 495;:
L2151-03631 POOL -RESIDENT 27,570 18,947 8 623 `'~ ~ "~' ~ ~ '
(
)
L2151-03632 POOL-NON-RESIDENT 36,675 29,515
fix¢ue g ~ y",>
160
.: ~. ~"
(7 ) :
~
L4100-09300 LOAN 165.000 0 (165 000) `^ `' s `:
'.
L4600-09100 APPROPRIATED RETAINED 0 140,000 140 000 °: ` '!
t ;.
EARNINGS ~'!
~. ~ ~ ;r ,:Nx.
~
;. s .. ..,.:
TOTAL INCREASE (DECREASE) TN REVENUE: < ~(~IO T83)'
REVISED REVENUES: ~ i 1 $85;112~~-.
EXPENSES: PER BUDGET 199192 ~
1 926
h4
S~:
L8045-11540 BONUSES 787 0 ~
.
,
(787) ~.`
L8045-12110 FICA 18,813 18,753 (60)"~ ' " ~~"'~ ~~
L8565-49160 PAYMENT -LOAN 40,000 - 0 (40 000) ~ '` s'x`""~`~'
L8070-49910 COUNTRY CLUB 67,643 67,707 64
,„ :
, ~'
CONTINGENCY , ,,,, „
,
u
ti
s
TOTAL INCREASE (DECREASE) IN EXPENSES (40.;783)
REVISED EXPENSES: '~' a ~
Y 8$6;712:
EXPENSES OVER (UNDER) REVENUES: a~~ ~ N;~sh*x~sil~
:
1
CITY OF PALM BEAChi GARDENS
YO500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 334164698 • (407) 7758200
7uly 23, 1991
Mr. Charlie O'Meilia
Village of North Palm Beach
645 Prosperity Fazms Road
North Palm Beach, FL 33408
Dear Mr. O'Meilia,
~~~~U~
J~L,~ ,.
~~
The City has received notice of the scheduled first reading to annex and rezone the
property of the proposed Prosperity Harbor North project.
Palm Beach Gazdens would like for it to be stated into the record that we object to any
action being taken by the Village at this time.
' The City requested during a visit to your office by Kim Glas on April 2, 1991, copies of
the traffic studies for the project. This request was repeated in a letter of the same
date, and in subsequent conversations. We have not received a reply from the Village
in response to these requests. In light of this, it appears that the Village has not
evaluated the potential traffic impacts created by the proposal. The City disapproves of
the Village Council considering any proposal for this property without the appropriate
studies and reports to support the project.
The City reiterates its request for copies of the traffic studies for this project, as v,+ell as
the Prosperity Harbor South project. Palm Beach Gardens is concerned about any
proposal which impacts Prosperity Farms Road, RCA B_ oulevard and Burns Road. Burns
Road will be oyez cagacity with existing development, therefore, any additional trips will
create severe constraints.
Until the City has had the opportunity to fully evaluate the traffic studies and is assured
that the roadway network is capable of handling the additional impact, we would like to
recard an objection to the Village taking action on this proposal.
Sincerely,
Rich Walton, AICP
' Planning & Zoning Director
cc: Village Clerk