04-11-1996 VC REG-MMINUTES OF REGULAR SESSION
• OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, APRIL 11, 1996
Present: V. A. Marks, M. D., Mayor
Tom Valente, Vice Mayor
Larry Kelley, President Pro Tem -
Gail Vastola, Councilman
Charles O'Meilia, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Marks 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
. Councilman Vastola gave the invocation, and Vice Mayor Valente led the public in the
Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved as corrected:
Minutes of Regular Session held 3/28/96 -Page 1, REPORT OF THE MAYOR:-
Harold Piscara's title corrected to read "President of the Building Officials
Association of Palm Beach County". Page 2, last Paragraph: the word "by"
corrected to read "be".
REPORT OF THE MAYOR
Mayor Marks proclaimed April 14, 1996 to April 20, 1996 as National Library Week in the
Village of North Palm Beach. Library Director Nancy Moore was present to accept the
proclamation.
Mayor Marks introduced Ossie Wynn, employee at the North Palm Beach Country Club,
as the "Employee of the Year" in the Village of North Palm Beach. In addition to a plaque
which hangs in the Village Hall, Mrs. Wynn received a plaque from the Chamber of
• Commerce and Bell South.
Minutes of Regular Session
• Held Thursday, April 11, 1996
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of the Country Club Administrative Board Meeting held 3/18/96
Minutes of the Code Enforcement Board Meeting held 4/1/96
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
Vice Mayor Valente moved that the recommendation of the Country Club Administrative
Board to "amend the restaurant contract to allow special monthly events, providing
sufficient guarantee of attendance, in lieu of required weekly dinners, due to continued
non-participation" be received for file. Councilman Vastola seconded the motion, and all
present voted aye.
BILL 817 -ADOPTING STANDARD BUILDING CODES -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 817 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ADOPTING AND AMENDING THE STANDARD BUILDING CODE, THE
STANDARD GAS CODE, THE STANDARD MECHANICAL CODE, AND
THE STANDARD PLUMBING CODE, 1994 EDITIONS; PROVIDING FOR
REPEALS OF LAWS IN CONFLICT; PROVIDING FOR INCLUSIONS IN
THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE
be placed on first reading and read by title alone. Vice Mayor Valente seconded the
motion, and all present voted aye.
BILL 818 -REZONING OF 10313 PROSPERITY FARMS ROAD -PLACED ON FIRST
READING
Councilman O'Meilia moved that Bill 818 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REZONING A 12 ACRE PARCEL OF
LAND LOCATED AT 10313 PROSPERITY FARMS ROAD (WEST SIDE OF
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Minutes of Regular Session
• Held Thursday, April 11, 1996
PROSPERITY FARMS ROAD BETWEEN PEPPERWOOD NORTH AND
PEPPERWOOD SOUTH) WITHIN THE VILLAGE AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF FROM R-1 SINGLE FAMILY DWELLING
DISTRICT TO R-2MULTIPLE-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 first reading and read by title alone. President Pro Tem Kelley seconded
the motion. The motion passed 3-2, with Councilman O'Meilia, President Pro Tem Kelley,
and Mayor Marks voting aye, and Councilman Vastola and Vice Mayor Valente voting
nay.
BILL 819 -SANCTUARY COVE PHASE II P.U.D. -PLACED ON FIRST READING
Councilman Vastola moved that Bill 819 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
• NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT
DEVELOPMENT KNOWN AS "SANCTUARY COVE PHASE II" UPON
THOSE CERTAIN LANDS COMPRISING 29.8 ACRES, MORE OR LESS,
LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A 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 SUBDIVISION 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 OR THE FEE SIMPLE OWNER;
PROVIDING THAT ALL BOAT SLIPS AND DOCKS SHALL BE PRIVATE
AND NON-COMMERCIAL; PROVIDING FOR REVIEW AND APPROVAL
OF CONDOMINIUM DOCUMENTS OR HOMEOWNERS' DOCUMENTS,
IF ANY, BY THE VILLAGE ATTORNEY; SETTING FORTH
REQUIREMENTS TO BE MET BY THE PETITIONER PRIOR TO
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Minutes of Regular Session
Held Thursday, April 11, 1996
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 OR RENTAL CENTER BY THE VILLAGE
PLANNING COMMISSION; PROVIDING FOR DETERMINATION OF
WETLANDS AND FOR APPROVALS AND PERMITS NECESSARY FROM
REGULATORY AGENCIES; PROVIDING PROCEDURE FOR
MODIFICATIONSTO THE PLANNED UNIT DEVELOPMENT; PROVIDING
FOR SEVERABILITY; 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. Councilman O'Meilia seconded the
motion.
During discussion regarding the amount of cash contribution, the Council agreed that the
• amount agreed upon during this meeting could be changed at the time of second reading,
pending the completed appraisal. Councilman O'Meilia moved to insert on Page 3,
Section 3. of the ordinance a tentative cash contribution of $250,000 due upon issuance
of the first building permit, or three years from the effective date hereof, whichever event
first occurs. President Pro Tem Kelley seconded the motion. The motion passed 4-1,
with Councilman O'Meilia, President Pro Tem Kelley, Vice Mayor Valente and Mayor
Marks voting aye, and Councilman Vastola voting nay.
By consensus, the Council agreed to insert language on Page 6, Section 10 which states
that development of the Planned Unit Development shall be commenced within three (3)
years of the effective date of the ordinance, and that the Planned Unit Development shall
be completed within ten (10) years. Additionally, Page 7, Section 12. was revised by
deleting the phrase "however, there shall be no mitigation of shore line mangroves under
any circumstances".
Thereafter, the original motion passed 3-2, with Councilman Vastola, Councilman O'Meilia
and President Pro Tem Kelley voting aye, and Vice Mayor Valente and Mayor Marks
voting nay.
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Minutes of Regular Session
• Held Thursday, April 11, 1996
BILL 820 -REZONING OF SANCTUARY COVE PHASE II PROPERTY -PLACED ON
FIRST READING
Councilman O'Meilia moved that Bill 820 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND
APPROXIMATELY 29.8 ACRES LOCATED IMMEDIATELY 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"
ATTACHED HERETO AND MADE A PART HEREOF FROM R-2
MULTIPLE-FAMILY DWELLING DISTRICT TO R-3 APARTMENT
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 first reading and read by title alone. President Pro Tem Kelley seconded
• the motion. The motion passed 3-2, with Councilman O'Meilia, President Pro Tem Kelley
and Councilman Vastola voting aye, and Vice Mayor Valente and Mayor Marks voting
nay.
The meeting recessed at 9:00 p.m. and reconvened at 9:10 p.m.
BILL 821 - NPBCC BUDGET AMENDMENT -SPECIAL LEGAL SERVICES -ENACTED
AS ORD. 14-96
Councilman O'Meilia moved that Bill 821 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH COUNTRY CLUB FUND
BUDGET FOR FISCAL YEAR 1995-96 TO APPROPRIATE FUNDS FOR
SPECIAL LEGAL SERVICES
be placed on first reading and read by title alone. President Pro Tem Kelley seconded
the motion.
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Minutes of Regular Session
• Held Thursday, April 11, 1996
During discussion, the Council by consensus agreed that the $19,000 being appropriated
should be put into different line items, as follows: $13,750 (SAS) in L8070-33115 (Legal
Settlement) and $5,250 in L8070-33112 (Special Legal Services).
Thereafter, the motion passed 4-1, with Councilman O'Meilia, President Pro Tem Kelley,
Vice Mayor Valente and Mayor Marks voting aye, and Councilman Vastola voting nay.
After consideration by Village Attorney George Baldwin, the Village Council returned to
Bill 821 later in the meeting for further review. Councilman O'Meilia moved to place Bill
821 on second and final reading on an emergency basis, with Vice Mayor Valente
seconding the motion. The motion passed 4-1, with Councilman O'Meilia, Vice Mayor
Valente, President Pro Tem Kelley and Mayor Marks voting aye, and Councilman Vastola
voting nay.
Councilman O'Meilia stated for the record that he made the motion for emergency
passage because delay of payment of settlement past the due date of April 22, 1996
would result in the Village having to spend extra money for further legal negotiations.
• Councilman O'Meilia moved that Bill 821 be enacted as Ordinance 14-96. President Pro
Tem Kelley seconded the motion. The motion passed 4-1, with Councilman O'Meilia,
President Pro Tem Kelley, Vice Mayor Valente and Mayor Marks voting aye, and
Councilman Vastola voting nay.
RESOLUTION 23-96 ADOPTED -BID AWARD FOR STREET RESURFACING
Councilman Vastola moved that Resolution 23-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF FLORIDA HIGHWAY PRODUCTS,
INC., LAKELAND, FLORIDA, FOR FURNISHING AND INSTALLING
PAVEMENT RESURFACING IN THE AMOUNT OF $1.375 PER SQUARE
YARD TOTAL, MAXIMUM AMOUNT OF $60,000.00, TO BE EXPENDED
FROM ACCOUNT NO. A7321-34681 (R&M-STREET RESURFACING)
be adopted. Councilman O'Meilia seconded the motion.
During discussion, Manny Grinn, 536 Greenway Drive, told the Council that Greenway
Drive would need another overlay in the near future, as Florida Highway Products, Inc.
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Minutes of Regular Session
• Held Thursday, April 11, 1996
had done a terrible job in the past, with pavement showing through the last overlay. Staff
was directed to inspect Greenway Drive and report back to the Council.
Thereafter, the motion passed 5-0.
RESOLUTION 24-96 ADOPTED -BID AWARD FOR BALLFIELD GROOMER
Vice Mayor Valente moved that Resolution 24-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF PIFER, INC., JUPITER, FLORIDA,
FOR PURCHASE OF A CUSHMAN GROOM MASTER IN THE AMOUNT
OF $7,290.00; FUNDS TO BE EXPENDED FROM ACCOUNT NO. A8023-
66490 (PARKS MAINTENANCE)
be adopted. Councilman O'Meilia seconded the motion, and all present voted aye.
RESOLUTION 25-96 ADOPTED -AGREEMENT WITH PALM BEACH DESIGN GROUP
Councilman O'Meilia moved that Resolution 25-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH
PALM BEACH DESIGN GROUP, INC., ATTACHED AS EXHIBIT "A",
WHICH AGREEMENT PROVIDES FOR ARCHITECTURAL SERVICES TO
THE VILLAGE FOR A SENIOR CITIZENS BUILDING IN ANCHORAGE
PARK AND A CONCESSION STAND IN OSBORNE PARK WITHIN THE
VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Valente seconded the motion. The motion passed 4-1, with
Councilman O'Meilia, Vice Mayor Valente, President Pro Tem Kelley and Mayor Marks
voting aye, and Councilman Vastola voting nay.
Vice Mayor Valente moved that Resolution 26-96 entitled:
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Minutes of Regular Session
• Held Thursday, April 11, 1996
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERK TO ENTER INTO A WRITTEN
STIPULATION FOR SETTLEMENT OF COMPLAINT AND
COUNTERCLAIM IN THAT CERTAIN LAWSUIT DESIGNATED AS SAS
VENDING AND LEASING CO., INC., A FLORIDA CORPORATION,
PLAINTIFF, VS. VILLAGE OF NORTH PALM BEACH, DEFENDANT, CASE
NUMBER CL 95-7630 AD, WHICH STIPULATION IS ATTACHED AS
EXHIBIT 'A"; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman O'Meilia seconded the motion. The motion passed 4-1, with
Vice Mayor Valente, Councilman O'Meilia, President Pro Tem Kelley and Mayor Marks
voting aye, and Councilman Vastola voting nay.
RESOLUTION 27-96 ADOPTED -MODIFYING HARBOUR POINT MARINA-MILLINGS
CAY P.U.D.
Councilman Vastola moved that Resolution 27-96 entitled:
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING MINOR MODIFICATIONS
TOTHE PLANNED UNIT DEVELOPMENT KNOWN AS "HARBOUR POINT
MARINA" WHICH WAS CREATED BY ORDINANCE NO. 6-94 AND
AMENDED BY ORDINANCE NO. 23-94 WHICH APPROVED THE
DEVELOPMENT OF TWENTY-FOUR (24) TOWNHOMES ON 3.420
ACRES DESIGNATED AS PARCEL "D" AND KNOWN AS "MILLINGS
CAY'; THE MINOR MODIFICATIONS BEING APPROVED ARE SET
FORTH ON A DRAWING ATTACHED AS EXHIBIT "A" AND MADE A
PART HEREOF; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Kelley seconded the motion.
During discussion, Councilman O'Meilia moved to amend the resolution to allow setback
of the wall to 17 feet from the right-of-way line, and to change the wording in the
resolution by deleting the word "pools" in two places. Vice Mayor Valente seconded the
motion to amend, and all present voted aye.
•
Minutes of Regular Session
• Held Thursday, April 11, 1996
Thereafter, the original motion, as amended, passed 5-0.
BUDGET TRANSFER APPROVED FOR SPECIAL LEGAL SERVICES
Vice Mayor Valente moved to approve a budget transfer request in the amount of
$10,000 from Council Contingency (A5540-49911) to Special Legal Services (A5105-
33112) to cover deficit in the account created by unexpected legal work. Councilman
O'Meilia seconded the motion.
During discussion, the motion was amended by consensus to change the amount of the
transfer from $10,000 to $6,000, since an earlier budget amendment transferred monies
from the Country Club Contingency for the Club's share of legal expenses.
Thereafter, the motion, as amended, passed 5-0.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
• 10:23 p.m.
Kathleen F. Kelly, MC, Villag Jerk
•
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