1991 SEPT 26_11
MINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, SEPTEMBER 26, 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
Charles O'Meilia, Acting 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, with
Mr. o'Meilia substituting for Village Manager Dennis Kelly, who was
out of the state.
Mayor Gardner recessed the Regular Session at 7:31 p.m. for the
purpose of reconvening the Public Hearing on the Budget.
The Regular Session reconvened at 8:00 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Gardner gave the invocation, and Councilman Grinn 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 on Operating Budget held 9/12/91
Minutes of Public Hearing on Linpro held 9/12/91
Minutes of Regular Session held 9/12/91
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The Mayor directed the Clerk to
to the call for the question as
again on page 6 of the Minutes
held 9/19/91.
REPORT OF THE MAYOR
verify whether there was a second
shown in paragraph 2, page 3 and
of the Reconvened Regular Session
Mayor Gardner announced that he has directed the Village Manager to
investigate the allegations made by Councilman Grinn concerning the
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Minutes of Regular Session
Held Thursday, September 26, 1991
propriety of certain actions taken by the Village Finance Director,
and to submit a written report of his investigation to the Council.
RECEIPT OF MINUTES
The following Minutes were received as submitted:
Minutes of Library Advisory Board Meeting held 8/27/91
Minutes of Planning Commission Meeting held 9/3/91
Minutes of Code Enforcement Board Meeting held 9/9/91
Minutes of Special Country Club Administrative Board Meeting
held 9/18/91
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BILL 660 ADOPTED AS ORDINANCE 31-91
President Pro Tem Marks moved that Bill 660 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
REZONING A 63.48 ACRE PARCEL OF LAND LYING GENERALLY EAST
OF PROSPERITY FARMS ROAD," SOUTH OF MONET ROAD, WEST OF
THE NORTH PALM BEACH WATERWAY AND NORTH OF TEAL WAY WEST
WITHIN THE VILLAGE. AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FROM
R-2 MULTIPLE FAMILY DWELLING DISTRICT AND R-3 APARTMENT
DWELLING DISTRICT TO R-1 SINGLE 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. Councilman
Kelsey seconded the motion and all present voted aye.
Councilman Kelsey moved to adopt Bill 660 as Ordinance 31-91. Vice
Mayor Pierman seconded the motion, and all present voted aye.
BILL 661 ADOPTED AS ORDINANCE 32-91
President Pro Tem Marks moved that Bill 661 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY
HARBOR SOUTH" UPON THOSE CERTAIN LANDS COMPRISING 63.48
ACRES, MGRS OR LESS, LOCATED WITHIN THE VILLAGE AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
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Held Thursday, September 26, 1991
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 CONVEYANCE OF TITLE
TO THE VILLAGE OF A PARCEL OF LAND OF 3.82 ACRES, MORE OR
LESS, WITHIN THE SOUTHWEST PORTION OF THE DEVELOPMENT AS
A CONDITION FOR THE APPROVAL OF THE BOUNDARY 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 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'
' 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, and all present voted aye.
By consensus, the Council stated that the approval of the PUD
Ordinance would be contingent upon receipt of a revised Exhibit "B"
(site plan), which would reflect Section 17 of the ordinance. Mr.
Mackey of Linpro, Fla., Inc. agreed to present a revised Exhibit
"B" reflecting Section 17 of the ordinance within three working
days.
Vice Mayor Pierman moved to amend Bill 661 as suggested by Josh
Murray, by inserting the following: "It is the intent of this
Ordinance that except where necessary for the construction of
finger canals, the existing shoreline of North Palm Beach canal in
Prosperity Harbor will be preserved in its natural state except for
the permitted removal of non-native trees such as Australian Pines
and Brazilian Pepper trees. Village regulations regarding the
' preservation of the environment and wildlife breeding areas shall
be complied with by the developer."
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Councilman Grinn seconded the motion, which failed 2-3, with Vice
Mayor Pierman and Councilman Grinn voting aye, and Councilman
Kelsey, President Pro Tem Marks and Mayor Gardner voting nay.
President Pro Tem Marks moved to amend Bill 661 with the same
language as Section 17 of the Prosperity Harbor North PUD
Ordinance. Vice Mayor Pierman seconded the motion, and all present
voted aye.
Vice Mayor Pierman expressed continued concern regarding the
conflict between Section 17 of the Ordinance and Exhibit "B," and
requested that Exhibit ~~8~~ be redrawn to conform with section 17,
and initialled by Linpro, Fla., Inc. during this meeting. This
request was agreed to by the Petitioner, to be completed during the
15-minute recess.
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 661 as Ordinance 32-91.
Councilman Kelsey seconded the motion. The motion carried 4-1,
with President Pro Tem Marks, Councilman Kelsey, Vice Mayor Pierman
and Mayor Gardner voting aye, and Councilman Grinn voting nay.
The meeting recessed at 9:25 p.m. and reconvened at 9:40 p.m.
RESOLUTION 34-91 ADOPTED
President Pro Tem Marks moved that Resolution 34-91 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, REQUESTING REPEAL OF RESOLUTION NO. R-90-1763
ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM
BEACH COUNTY, WHICH ABANDONED AN ENTIRE ROADWAY KNOWN AS
GARDEN LANE SITUATED IN SECTION 8, TOWNSHIP 42 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND SUPPORTING
THE ADOPTION OF A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, ABANDONING
A SPECIFIED PORTION OE THE SAID ROADWAY KNOWN AS GARDEN
LANE; AND AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO
FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD
OF COUNTY COMMISSIONERS; AND, PROVIDING FOR AN EFFECTIVE
' DATE HEREOF
be adopted. Councilman Kelsey seconded the motion. During
discussion, Vice Mayor Pierman questioned why the redline redrawing
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Held Thursday, September 26, 1991
did not include Prosperity Harbor. Mr. Mackey replied that Section
17 of Ordinance 32-91 did not refer to this area. Mr. Mackey
stated that there may be adjustments to the shoreline, and that
there may be some areas along the north side of the harbor within
their property lines that they would intend to reclaim.
Based on Mr. Mackey's declaration regarding their intent to
reclaim, Vice Mayor Pierman moved to reconsider the approval of
ordinance 32-91, which approved the creation of the PUD for
Prosperity Harbor South. Councilman Grinn seconded the motion.
Gary Brandenburg, attorney for Linpro, Fla., Inc., offered at this
time to extend the redline drawing on Exhibit "B" to include the
shoreline on the north side of the harbor so that it would conform
with Section 17 of the ordinance. The meeting recessed at 9:54
p.m. for the purpose of extending the redline drawing. The meeting
reconvened at 9:59 p.m.
Thereafter, the original motion to adopt Resolution 34-91 passed 4-
1, with President Pro Tem Marks, Councilman Kelsey, Vice Mayor
Pierman and Mayor Gardner voting aye, and Councilman Grinn voting
nay.
RESOLUTION 35-91 ADOPTED
Vice Mayor Pierman moved that Resolution 35-91 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
SUPPORTING THE PASSAGE OF STATE LEGISLATION PROVIDING FOR
RESTRICTIONS ON FISHING AND THE POSSESSION OF FISHING
NETS AND TRAPS BETWEEN CERTAIN HOURS ON CERTAIN WATERS
WITHIN THE BOUNDARIES OF NORTH PALM BEACH
be adopted. Councilman Grinn seconded the motion. During
discussion, President Pro Tem Marks moved to amend Section 1 of the
Resolution to state that the prohibited hours be 11 p.m. to 7 a.m.
instead of 10 p.m. to 7 a.m. Councilman Grinn seconded the motion,
and all present voted aye.
Thereafter, the original motion to adopt Resolution 35-91, as
amended, passed unanimously.
BUDGET TRANSFER APPROVED FOR PUBLIC SAFETY
President Pro Tem Marks moved that the transfer of $4,600.00 to
A5711-35280 (Gas, Oil & Lubricants) from various accounts in Public
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Held Thursday, September 26, 1991
Safety Department to cover budgetary shortfall be approved. Vice
Mayor Pierman seconded the motion, and all present voted aye.
BUDGET TRANSFER FOR LEGAL SERVICES TABLED
Village Attorney George Baldwin requested additional time to make
a determination regarding the necessity of Public Hearing for legal
settlements prior to Council approving the requested expenditure
for Special Legal Services.
Vice Mayor Pierman moved to table discussion until the next Regular
Session on October 10, 1991. Mayor Gardner passed the gavel to
President Pro Tem Marks and seconded the motion. The motion passed
3-2, with Vice Mayor Pierman, Mayor Gardner and President Pro Tem
Marks voting aye, and Councilman Grinn and Councilman Kelsey voting
nay.
President Pro Tem Marks returned the gavel to Mayor Gardner.
President Pro Tem Marks moved to encumber, but not expend, the
necessary funds for Special Legal Services, with Councilman Grinn
seconding. After discussion with Finance Director Shaukat Khan,
the second and the motion were withdrawn.
BUDGET TRANSFER - PART-TIME POSITIONS
President Pro Tem Marks moved to approve a transfer o£ funds from
Account L8045-11210 (Regular Pay) in the amount of $3,520.00 to
Account L8045-11300 (Part-time Pay) for the purpose of paying two
part-time employees who are temporarily replacing one full-time
employee. Councilman Grinn seconded the motion, and all present
voted aye.
BUDGET TRANSFER FOR PART-TIME PAY-TENNIS
President Pro Tem Marks moved to approve transfer of funds from
various accounts in the amount of $3,520.00 to Account L8050-11300
(Part-time Pay) to cover an over-expended- account. Councilman
Kelsey seconded the motion, and all present voted aye.
CLUB CAR LEASE AGREEMENT
President Pro Tem Marks moved to approve the renewal of the
equipment lease agreement with Club Car, Inc. to include an
additional 15 carts, and to incorporate into the agreement changes
as recommended by Mr. Baldwin in his letter of September 9, 1991.
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Councilman Kelsey seconded the motion. The motion passed
unanimously.
BID AWARD APPROVED FOR TRACTOR
Councilman Kelsey moved to approve a bid award to Sunrise Ford
Tractor Co., Inc., Ft. Pierce, FL in the amount of $17,200 to be
expended from Account L8045-66490 for the purchase of a tractor for
the.COUntry Club Golf Course maintenance. President Pro Tem Marks
seconded the motion. The motion carried 3-2, with Councilman
Kelsey, President Pro Tem Marks and Mayor Gardner voting aye, and
Councilman Grinn and Vice Mayor Pierman voting nay.
BID AWARD APPROVED FOR CART PATHS
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Councilman Grinn moved to approve a bid award to Southern Concrete
Pavers, Inc., Lecanto, FL in the amount of $32,844.00, to be
expended from Account L8045-66210 for the construction of concrete
cart paths for the golf course; and to leave the placement and
configuration up to the Country Club Administrative Board. Vice
Mayor Pierman seconded the motion, and all present voted aye.
With no further business to come before the Council, the meeting
adjourned at 11:00 p.m.
~hleen F. Kelly, Village Cle