10-24-1996 VC REG-MMINUTES OF REGULAR SESSION
• OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, OCTOBER 24, 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
Vice Mayor Valente gave the invocation, and Councilman Vastola led the public in the
Pledge of Allegiance to the Flag.
RECESS
The meeting recessed at 7:32 p.m. for the purpose of completing the previously
scheduled Public Hearing, and reconvened at 7:43 p.m.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Regular Session held 10/10/96
REPORT OF THE MAYOR
Mayor Marks added a proposed ordinance relating to Coastal Construction Control Line
(CCCL) in Palm Beach County as Item 11.g. on the Regular Agenda.
Mayor Marks, on behalf of the Village Council, presented a plaque to Henry Gorman, in
• appreciation of his service on the Country Club Administrative Board.
Minutes of Regular Session
• held Thursday, October 24, 1996
The Village Council was updated by the Village Manager regarding the proposed storage
warehouse on U. S. One, north of PGA Blvd. Councilman Vastola moved to rescind the
Council's letter to Palm Beach County, written at an earlier date, which objected to the
proposed warehouse plans. Vice Mayor Valente seconded the motion, and all present
voted aye.
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of the Planning Commission Public Hearing held 10/1/96
Minutes of the Country Club Administrative Board Meeting held 10/7/96
The following Minutes were returned for correction:
Minutes of the Library Advisory Board Meeting held 9/24/96 -Page 1, last
paragraph, sentence 3: change "to" to "the"; Page 2, last paragraph, first
sentence: correct spelling of "library".
Minutes of the Planning Commission Meeting held 10/1/96 -include reasons for
negative votes cast.
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS
Councilman Vastola moved that the recommendation of the Planning Commission to
"approve small scale future land use map series amendment 96-2 for Prosperity Harbor
South based upon previous plan approvals but with expression of concern for loss of
access to water" be received for file. Vice Mayor Valente seconded the motion, and all
present voted aye.
Vice Mayor Valente moved that recommendations 2, 3 and 4 of the Planning Commission
be received fior file, as follows:
2. Recommended that Council deny "Comprehensive Plan amendment 96-3
due to land use changes associated with the pending P.U.D. of Prosperity
Harbor North"
2
Minutes of Regular Session
held Thursday, October 24, 1996
3. Recommend Council "approval of amendment to various sections of
Appendix C, Zoning Code, to provide regulations regarding the location of
telecommunications towers as submitted and to delete residential zoning
districts"
4. Recommended to Council "an amendment to the Zoning Code reducing the
number of parking spaces required for commercial retail uses in the C-A,
C-B, and C-1 Commercial Districts to allow one (1) space per 200 square
feet of retail floor space and excluding C-3 Zoning District from changes"
Councilman O'Meilia seconded the motion, and all present voted aye.
Vice Mayor Valente moved to receive and file the recommendation of the Country Club
Administrative Board to "amend the NPBCC Budget for the fiscal year 1996-97 in order
to appropriate funds for purchase of a pool filtration system and to approve budget
transfer in the amount of $110,000.00 from the Country Club Retained Earnings (L4600-
09100) to L8051-66210 (Pool-Construction & Renovation} for funding the stated project".
Councilman O'Meilia seconded the motion, and all present voted aye.
VILLAGE MANAGER'S REPORT
Village Attorney George Baldwin distributed copies of the Contract for Sale and Purchase
of the proposed Public Safety facility site, which he had received and reviewed, and which
includes all the changes requested by him in September.
DECLARATIONS OF EX PARTE COMMUNICATIONS
Councilman Vastola reported a telephone conversation with Larry Smith on October 23,
1996 regarding the Twin City Mall gas station amendment.
Councilman O'Meilia reported receipt of four letters to the Council, as stated: 1) Urban
Land Consulting dated 8/20/96; Samuel Cantor dated 9/11/96; Dennis Koehler dated
9/9/96; and Dennis Koehler dated 10/18/96.
BILL 841 TABLED -AMENDING CI-3 ZONING DISTRICT -ADDITIONAL USE
Vice Mayor Valente moved that Bill 841 entitled:
ADDENDUM TO MINUTES OF OCTOBER 24, 1996
. REGULAR SESSION
In fact, the Minutes of Thursday, October 24, 1996, were approved as written by the Village Ccuncil on
November 12, 1996, but subsequently an error was found on Page 4, Paragraph 5 and was consequently
corrected to read as follows: Change motion by Councilman O'Meilia to state that "Bill 841 be placed on
second reading and read by title alone".
// 1 ., J /// B..>.. D9mC~
Minutes of Regular Session
held Thursday, October 24, 1996
AN ORDINANCE OF -THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (10) OF
SECTION 45-34.1, C-3 REGIONAL. BUSINESS DISTRICT, OF ARTICLE
III OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE
VILLAGE FOR THE PURPOSE OF ADDING THE ADDITIONAL LAND USE
OF AUTOMOBILE SERVICE -STATIONS WHEN APPROVED IN
RESPONSE TO A SPECIFIC PUD APPLICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
be tabled. Councilman Vastola seconded the motion.
The motion passed 3-2, with Mayor Marks, Councilman Vastola and Vice Mayor Valente
voting aye, and Councilman O'Meilia and President Pro Tem Kelley voting nay.
After a request for procedure clarification and for purposes of discussion, Vice Mayor
Valente moved to take Bill 841 from the table. Councilman Vastola seconded the motion,
and all present voted aye.
Councilman O'Meilia moved that Bill 841 be placed one a id ng and read by title
alone. President Pro Tem Kelley seconded the motion.
After discussion, the motion failed 2-3, with Councilman O'Meilia and President Pro Tem
Kelley voting aye, and Councilman Vastola, Vice Mayor Valente and Mayor Marks voting
nay.
As called for in special procedures, Councilman Vastola moved to table Bill 841 until a
time after the joint Council/Commission meeting can discuss it further. Vice Mayor
Valente seconded the motion, and all present voted aye.
BILL 842 TABLED -AMENDING ORD. 33-95 (TWIN CITY MALL P.U.D. AGREEMENT)
Councilman Vastola moved that Bill 842 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2 OF
ORDINANCE NO. 33-95 WHICH CREATED A PLANNED UNIT
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Minutes of Regular Session
held Thursday, October 24, 1996
DEVELOPMENT UPON LANDS WITHIN THE C-3 REGIONAL BUSINESS
DISTRICT LOCATED AT THE SOUTHWEST CORNER OF NORTHLAKE
BOULEVARD AND U. S. HIGHWAY 1 (FORMERLY KNOWN AS THE TWIN CITY
MALL) FOR THE PURPOSE OF APPROVING AN ADDITIONAL LAND USE OF
AN AUTOMOBILE SERVICE STATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE
be tabled to a time after the joint Council/Commission meeting. Vice Mayor Valente
seconded the motion, and all present voted aye.
BILL 840 - DISTANCE REQUIREMENTS BETWEEN AUTOMOBILE SERVICE
STATIONS
Councilman Vastola moved that Bill 840 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION L (1) OF
SECTION 45-36, GENERAL PROVISIONS, OF ARTICLE I II OF APPENDIX
C-ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE
AMENDING THE REQUIRED DISTANCE BETWEEN GASOLINE, OIL
FILLING STATIONS AND SERVICE STATIONS WITHIN THE VILLAGE;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE
be tabled to a time after the joint Council/Commission meeting. Vice Mayor Valente
seconded the motion, and all present voted aye.
BILL 846 -AMENDING 1996-97 BUDGET FOR "COPS MORE" GRANT -PLACED ON
FIRST READING
Vice Mayor Valente moved that Bill 846 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
Minutes of Regular Session
held Thursday, October 24, 1996
FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS FOR THE PURCHASE OF
5 (FIVE) LAP-TOP COMPUTERS AND ASSOCIATED SOFTWARE
WHICH IS ALSO FUNDED BY THE FCM (FEDERAL COPS MORE) GRANT
be placed on first reading and read by title alone. Councilman Vastola seconded the
motion, and all present voted aye.
Vice Mayor Valente moved that Bill 847 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
THE FISCAL YEAR 1996-97 TO APPROPRIATE FUNDS IN THE AMOUNT
OF $43,350 FOR THE NEW PUBLIC SAFETY FACILITY ENGINEERING
AND PLANNING
be placed on fiirst reading and read by title alone. Councilman O'Meilia seconded the
motion, and all present voted aye.
BILL 848 -ZONING IN PROGRESS MORATORIUM -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 848 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, PROVIDING FOR AND IMPOSING A
THREE (3) MONTH MORATORIUM EXTENSION ON THE ISSUANCE OF
PERMITS FOR ADDITIONAL WIRELESS COMMUNICATIONS FACILITIES
INCLUDING ANTENNA TOWERS WITHIN THE MUNICIPAL LIMITS OF
THE VILLAGE; PROVIDING FINDINGS OF FACT; 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 Valente seconded the
motion, and all present voted aye.
Minutes of Regular Session
held Thursday, October 24, 1996
BILL 853 -AMENDING BUDGET FOR COASTAL CONSTRUCTION CONTROL LINE
PROJECT
Vice Mayor Valente moved that Bill 853 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
THE FISCAL YEAR 1996-97T0 APPROPRIATE FUNDS IN THE AMOUNT
OF $10,000 FOR COASTAL CONSTRUCTION CONTROL LINE PROJECT
be placed on first reading and read by title alone. Councilman O'Meilia seconded the
motion.
During discussion, it was determined that a budget amendment was not required at this
time, and the motion and second were withdrawn.
Vice Mayor Valente moved to proceed with supporting the concept of CCCL authority
being delegated from the state to Palm Beach County, with willingness to discuss the
funding of said authority. 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.
RECESS
The meeting recessed at 8:45 p.m., and reconvened at 8:55 p.m.
RESOLUTION 64-96 ADOPTED -APPOINTING MEMBERS TO CONSTRU_ C_ TION
BOARD OF ADJUSTMENT
By written ballot, copies of which are attached to the official Minutes of Record, the
Village Council appointed William Tracy to the Architect's position on the Construction
Board of Adjustment and Appeals. Additionally, the Council, by consensus, appointed
sole applicant David DuFault to the Heating and Air Conditioning Contractor position. The
names of the aforementioned appointees were then entered into Resolution 64-96.
President Pro Tem Kelley left the Regular Session at 9:10 p.m.
C
7
Minutes of Regular Session
• held Thursday, October 24, 1996
Councilman O'Meilia moved that Resolution 64-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING MEMBERS TO THE CONSTRUCTION BOARD
OF ADJUSTMENT AND APPEALS OF THE VILLAGE OF NORTH PALM
BEACH
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
Discussion ensued regarding the moving of one Alternate member to a Regular position,
and the moving of one Regular member to an Alternate position, to satisfy new
requirements of the Board as established in the Building Code.
Councilman O'Meilia moved that Anthony Agrusa be changed from 1st Alternate to
Regular position for plumber, and Anthony Bontempo to 1st Alternate. Vice Mayor
Valente seconded the motion, and all present voted aye.
RESOLUTION 65-96 ADOPTED -EASEMENT AGREEMENT WITH SUA
Vice Mayor Valente moved that Resolution 65-96 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERK TO EXECUTE -AND DELIVER AN
EASEMENT DEED TO SEACOAST UTILITY AUTHORITY ATTACHED AS
EXHIBIT "A" FOR THE PURPOSE OF THE AUTHORITY INSTALLING A
SEWER MAIN TO BE SHARED BY THE VILLAGE'S OSBORNE PARK
FACILITIES AND FIRST PRESBYTERIAN CHURCH OF NORTH PALM
BEACH; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
ANCHORAGE PARK RECREATION BUILDING PROJECT -SITE PLAN APPROVED
Vice Mayor Valente moved to approve the preliminary design and site plan of the
Community Activities Building at Anchorage Park, as presented by Palm Beach Design
Group. Councilman Vastola seconded the motion, and all present voted aye.
Minutes of Regular Session
held Thursday, October 24, 1996
Councilman O'Meilia moved to authorize staff to complete negotiations to modify the
architect's contract on the Anchorage Park/Herb Watt Building, and to recommend
funding. Councilman Vastola seconded the motion, and all present voted aye.
HOLIDAY MEETING SCHEDULE APPROVED
Vice Mayor Valente moved to cancel Village Council meetings of 11/28/96 and 12/26/96,
in observance of Thanksgiving and Christmas holidays. Councilman Vastola seconded
the motion, and all present voted aye.
1996-97 PALM BEACH COUNTY RECREATION GRANT _ _ _ _
Vice Mayor Valente moved to authorize staff to apply for the 1996-97 Palm Beach County
Recreation Grant in the amount of $50,000, to be used for outdoor lighting at the
Community Center. Councilman Vastola seconded the motion,-and all present voted aye.
DECLARATION OF SURPLUS EQUIPMENT _
Councilman Vastola moved to declare black plastic Council Chambers chairs as surplus
equipment, and to approve donation of said chairs to Villa Franciscan, housing project for
low-income elderly. Councilman O'Meilia seconded the motion, and all present voted aye.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
9:35 p.m.
thleen F. Kelly, CMC, Villag lerk
• 9
•
~r~Rtrr5 TALLY SHEET
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
10/24/96
Hullihan, Timothy
Tracy, William
CBA.BAL
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BALLOT
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
10/24/96
•
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Select 1 name:
Hullihan, Timothy
Tracy, William
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CONSTRUCTION BOARD
Select 1 name:
Hullihan, Timothy
Tracy, William
BALLOT
OF ADJUSTMENT AND APPEALS
10/24/96
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.~ CONSTRUCTION BOARD
Select 1 name:
Hullihan, Timothy
Tracy, William
BALLOT
OF ADJUSTMENT AND APPEALS
10/24/96
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• (Signature)
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CONSTRUCTION BOARD
Select 1 name:
Hullihan, Timothy
Tracy, William
BALLOT
OF ADJUSTMENT AND APPEALS
10/24/96
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• (Sign t re)
CBA. BAL
BALLOT
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
10/24/96
•
Select 1 name:
Hullihan, Timothy
Tracy, William
(Signature)
CBA. BAL