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07-25-1996 VC REG-MMINUTES OF REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JULY 25, 1996 Present: 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 Vice Mayor Valente called the meeting to order at 7:30 p.m. All members of Council were present except Mayor Marks, who arrived at 8:05 p.m. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE. Vice Mayor Valente gave the invocation, and Councilman O'Meilia 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 Bill 827 held 7/11/96 Minutes of Public Hearing on Bill 828 held 7/11/96 Minutes of Public Hearing on Bill 830 held 7/11/96 Minutes of Public Hearing on Bill 831 held 7/11/96 Minutes of Regular Session held 7/11/96 REPORT OF THE MAYOR On behalf of the Mayor and Village Council, Vice Mayor Valente presented a plaque of appreciation to George Gauthier for his years of service as a Planning Commission member. By consensus, the Council agreed to hold an Executive Session on Tuesday, July 30, 1996 at 6:00 p.m. in the Village Hall Conference Room. Minutes of Regular Session • held Thursday, July 25, 1996 The Council also agreed to have a final Budget Workshop on Thursday, September 5, 1996 at 5:30 p.m. in the Village Hall Conference Room. By consensus, the Council designated Village Manager Dennis Kelly as its voting representative at the Florida League of Cities Conference in August. PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of Library Advisory Board Meeting held 6/25/96 Minutes of Country Club Administrative Board Meeting held 7/1/96 Minutes of Recreation Advisory Board Meeting held 7/9/96 REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS • Councilman Vastola moved that both recommendations to the Council by the Recreation Advisory Board be received for file, as follows: 1) "appoint 2nd Alternate Hippler to the Board to fill the vacancy"; and 2) that Council "fully fund and support a Birthday Celebration on August 17 at Lakeside Park". Councilman O'Meilia seconded the motion, which passed 4-0. DECLARATION OF EX PARTE COMMUNICATIONS The Village Council declared Ex Parte Communications regarding Prosperity Harbor South Planned Unit Development, as follows: Letters from Josh Murray dated 7/15/96; and letter from Conrad DeSantis dated 7/18/96. BILL 828 -CREATING PROSPERITY HARBOR S_ OUTH P.U.D. -PLACED ON SECOND READING AND ENACTED AS ORD. 26-96 Councilman O'Meilia moved that Bill 828 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR SOUTH" UPON THOSE CERTAIN LANDS COMPRISING 75.71 ACRES, MORE OR LESS, • 2 Minutes of Regular Session • held Thursday, July 25, 1996 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 AND CONVEYANCE OF TITLE TO THE VILLAGE OF A PARCEL OF LAND 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 HOMEOWNERS' DOCUMENTS, IF ANY, BY THE VILLAGE • be taken from the table. President Pro Tem Kelley seconded the motion, which passed 4-0. Councilman O'Meilia moved that Bill 828 be placed on second reading and read by title alone. President Pro Tem Kelley seconded the motion. During discussion, it was consensus of Council that T-docks be treated the same as all other docks in the Village, and constructed only upon application for permitting by the individual property owner. Village Attorney George Baldwin recommended that Section 9 be modified to state that "all boat slips and docks shall be private, with each dock to be owned by the respective upland property owners, other than the lots designated on the plan as Association lots". A change to the notes in the plans (northeast corner) was requested where it states "5-foot landscape buffer to be planted and maintained by Prosperity Harbor P.U.D. Homeowners Association -Final design to be approved by the Village of North Palm Beach staff" should be revised to read "the Village of North Palm Beach Planning Commission and staff". Regarding ownership of the harbor, it will remain with the Property Owners Association. Councilman O'Meilia moved to amend the motion to include the note on the plans regarding the landscape buffer at the 2.65 acre dedication area, and the amendment to • 3 Minutes of Regular Session • held Thursday, July 25, 1996 the plan and the ordinance regarding the permitting of docks and ownership as previously stated. President Pro Tem Kelley seconded the amendment to the motion, which passed 4-0. Thereafter, the main motion, as amended, passed 4-0. Councilman O'Meilia moved that Bill 828 be enacted as Ordinance 26-96. President Pro Tem Kelley seconded the motion, which passed 4-0. Mayor Marks arrived at 8:05 p.m. BILL 827 -RESCINDING AND REPEALING ORD. 32-91 (PROSPERITY HARBOR SOUTH) -PLACED ON SECOND READING AND ENACTED AS ORD. 27-96 Councilman O'Meilia moved that BiII 827 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RESCINDING AND REPEALING ORDINANCE NUMBER 32-91 ENACTED BY THE VILLAGE COUNCIL ON SEPTEMBER 26, 1991, WHICH ORDINANCE CREATED A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR SOUTH" UPON THOSE LANDS LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE be taken from the table. President Pro Tem Kelley seconded the motion, which passed 5-0. Councilman O'Meilia moved that Bill 827 be placed on second reading and read by title alone. President Pro Tem Kelley seconded the motion, and all present voted aye. Councilman Vastola moved that Bill 827 be enacted as Ordinance 27-96. Councilman O'Meilia seconded the motion, and all present voted aye. ENACTED AS ORD. 28-96 ~J 4 Minutes of Regular Session held Thursday, July 25, 1996 Vice Mayor Valente moved that Bill 832 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-158(d) RELATING TO MEMBER CONTRIBUTIONS OF DIVISION 3, PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES, OF ARTICLE V, PENSIONS AND RETIREMENT SYSTEMS, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE; 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, and all present voted aye. Councilman Vastola moved that Bill 832 be enacted as Ordinance 28-96. President Pro Tem Kelley seconded the motion, and all present voted aye. BILL 833 -AMENDING POLICE AND FIRE EMPLOYEES PENSION AND RETIREMENT SYSTEMS - EMPI_nYFF C(~NTRIRI ITIrINR - PI Aran nN cGr`nnin RGnnrnir_ onin President Pro Tem Kelley moved that Bill 833 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-163(a) RELATING TO MEMBER CONTRIBUTIONS OF DIVISION 4, PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES, OF ARTICLE V, PENSIONS AND RETIREMENT SYSTEMS, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE; 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 second reading and read by title alone. Vice Mayor Valente seconded the motion, and all present voted aye. President Pro Tem Kelley moved that Bill 833 be enacted as Ordinance 29-96. Councilman Vastola seconded the motion, and all present voted aye. • Minutes of Regular Session . held Thursday, July 25, 1996 RESOLUTION 52-96 ADOPTED -APPOINTING MEMBER TO PLANNING COMMISSION Councilman Vastola moved that Norman Thomas, 1st Alternate on the Planning Commission, be moved up into the vacant Regular position. Councilman O'Meilia seconded the motion, and all present voted aye. Councilman O'Meilia moved that Carol Kelley, 2nd Alternate on the Planning Commission, be moved up into the vacant 1st Alternate position. Vice Mayor Valente seconded the motion, and all present voted aye. By written ballot, copies of which are attached to the official copy of the Minutes, the Village Council appointed Kristin Garrison to serve as the 2nd Alternate on the Planning Commission, and the name of Kristin Garrison was entered into Resolution 52-96. Vice Mayor Valente moved that Resolution 52-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE PLANNING COMMISSION OF THE VILLAGE OF NORTH PALM BEACH be adopted. Councilman O'Meilia seconded the motion, and all present voted aye. RESOLUTION 53-96 ADOPTED -SHORE PROTECTION ACT OF 1996 Councilman O'Meilia moved that Resolution 53-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN SUPPORT OF U. S. SENATE (S. 1811) AND HOUSE OF REPRESENTATIVES (H.R. 3551), TITLED "THE SHORE PROTECTION ACT OF 1996"; URGING THE BILLS' QUICK PASSAGE BY CONGRESS; AND, PROVIDING FOR AN EFFECTIVE DATE • be adopted. Councilman Vastola seconded the motion, and all present voted aye. RESOLUTION 54-96 ADOPTED -SUPPORTING NORTH COUNTY HOLIDAY BOAT PARADE Councilman Vastola moved that Resolution 54-96 entitled: 6 Minutes of Regular Session • held Thursday, July 25, 1996 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ENDORSING AND SUPPORTING AS A SPECIAL EVENT THE HOLIDAY BOAT PARADE TO BE HELD ON THE INTRACOASTAL WATERWAY BETWEEN BLUE HERON BRIDGE AND THE JUPITER LIGHTHOUSE ON OR ABOUT DECEMBER 7, 1996; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion, and all present voted aye. RESOLUTION 55-96 ADOPTED -SALARY ADJUSTMENTS PER CODY WAGE AND PAY PLAN Councilman O'Meilia moved that Resolution 55-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ADJUSTING SALARIES FOR CERTAIN NON-UNION EMPLOYEES PER SECTION VI (B) OF THE WAGE AND PAY PLAN STUDY FOR THE VILLAGE OF NORTH PALM BEACH, DATED JULY 1994, PREPARED BY CODY AND ASSOCIATES, INC. AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED FOR LEGAL EXPENSES Vice Mayor Valente moved to approve a budget transfer from A5540-49911 (Council Contingency) in the amount of $30,500; $12,000 to A5105-33111 (Village Attorney) and $18,500 to A5105-33112 (Special Legal Services) to fund the remainder of Fiscal Year 1995-96. President Pro Tem Kelley seconded the motion, and all present voted aye. DONATION APPROVED FOR SOCIETY OF ANIMAL ARTISTS BENEFIT FOR MACARTHUR BEACH STATE PARK President Pro Tem Kelley moved to approve a donation in the amount of $250.00 for the Society of Animal Artists Benefit for art exhibit and sale; proceeds to be used to maintain and expand environmental education programs at the park. Vice Mayor Valente seconded the motion. The motion passed 4-1, with President Pro Tem Kelley, Vice Mayor Valente, Councilman Vastola and Mayor Marks voting aye, and Councilman O'Meilia voting nay. L J 7 Minutes of Regular Session • held Thursday, July 25, 1996 GRIEVANCE COMMITTEE RECOMMENDATION DENIED IN WARREN/LERNER GRIEVANCE Councilman Vastola moved to deny the recommendation of the Grievance Committee. Councilman O'Meilia seconded the motion, and all present voted aye. LAND PURCHASE FOR PUBLIC SAFETY FACILITY AND ANCHORAGE PARK Councilman Vastola moved to direct staff and Village Attorney to develop documents between the Village and MacArthur Foundation for the sale and purchase of four acres of real property located at southwest corner of U. S. One and Ebbtide Drive in North Palm Beach; and 3.2 acres located on Anchorage Drive in North Palm Beach (Anchorage Park). Councilman O'Meilia seconded the motion. Prior to discussion, the Council took a break, recessing at 8:37 p.m. and reconvening at 8:50 p.m. After discussion, the motion passed 5-0. TWIN CITY MALL P.U.D. AMENDMENT TO ALLOW GAS STATION DENIED Vice Mayor Valente moved to deny consideration of amendments that would allow a gas station in the Twin City Mall Planned Unit Development and the C-3 zoning district. Councilman Vastola seconded the motion. The motion to deny passed 3-2, with Vice Mayor Valente, Councilman Vastola and Mayor Marks voting aye, and Councilman O'Meilia and President Pro Tem Kelley voting nay. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:35 p.m. y/lam-y .~ _,:J ~ ~~,~~i't~ K thleen F. Kelly, CMC~Clerk • ~S- TSLL1~~' PLANNING COMMISSION 7/25/96 Round 1 Round 2 Round 3 • Aquart, Peter ~_ Duke, Christopher Garrison, Kristin ,--~ McPoland, Patric Snow, Elmer ec.eu L J Select 1 name- Aquart, Peter BALLOT - PLANNING COMMISSION 7/25/96 Round 1 Round 2 Round 3_ Duke, Christopher ~ - Garrison, Kristin McPOland, Patric Snow, Elmer • (Signature ec.ew I • Select 1 name- Aquart, Peter Duke, Christopher Garrison, Kristin McPoland, Patric O BALLOT PLANNING COMMISSION 7/25/96 Round 1 ~v~"~+` ` ~s~~ Signature Round 2 Round 3 • PC. BAL U a~~~ BALLOT /y~ PLANNING COMMISSION !!~ 7/25/96 ~'~ ecP ~~ - 4~ ~ Z s, ~ Select 1 name • _, ~ ~ \ Round 1 Round 2 Round 3 Q Aquart, Peter Duke, Christopher Garrison, Kristin "" McPOland, Patric Snow, Elmer • ~.aaz. • Select 1 name• Aquart, Peter Duke, Christopher Garrison, Kristin McPoland, Patric Snow, Elmer • BALLOT PLANNING COMMISSION 7/25/96 Round 1 Signature Round 2 Round 3 _ • ec.exs. Select 1 name• Aquart, Peter Duke, Christopher Garrison, Kristin McPoland, Patric Snow, Elmer BALLOT PLANNING COMMISSION 7/25/96 V"i W"' ~" Round 1 Round 2 \~{~'~` (Signature Round 3 PC.BAL