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06-23-2005 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • JUNE 23, 2005 Present: Dr. Edward M. Eissey, Mayor David B. Norris, Vice Mayor Charles R. O'Meilia, Councilman Donald G. Noel, Councilman Mark Bates, Village Manager George W. Baldwin, Village Attorney Melissa Teal, CMC, Village Clerk Absent: Robert F. Rennebaum, President Pro Tem ROLL CALL Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were present, except President Pro Tem Rennebaum, who was out of town. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman O'Meilia gave the invocation, and Mayor Eissey led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION Mayor Eissey presented Jack Watrous, Assistant Fire Chief, with a plaque and check in recognition of his 30 years of service to the Village. APPROVAL OF MINUTES The Minutes of the Regular Session held 6/9/05 were approved. DECLARATION OF EX PARTE COMMUNICATIONS Councilman O'Meilia reported the following Ex Parte communications concerning the Domani project: a meeting with representatives of Kolter properties on 11/9/04, a discussion with Attorney Bill Boose on 11/30/04 regarding the comprehensive plan, a meeting on 3/31/05 with Mike Ryan, and a phone conversation with Attorney Bill Boose on 4/27/05 regarding the PUD and platting. ORDINANCE 10-2005 ENACTED -BUDGET TRANSFER FOR REPLACEMENT PUMP AND WELL AT COMMUNITY CENTER Councilman Noel moved that Bill 1175 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2004-2005 TO TRANSFER BUDGETED FUNDS IN THE AMOUNT OF $23,876.00 FOR THE PURCHASE OF A REPLACEMENT PUMP AND WELL AT THE VILLAGE COMMUNITY CENTER MINUTES OF REGULAR SESSION HELD JUNE 23, 2005 be placed on second reading and read by title alone. Councilman O'Meilia seconded the motion, and all present voted aye. Councilman O'Meilia moved to enact Bill 1175 as Ordinance 10-2005. • Councilman Noel seconded the motion, and all present voted aye. ORDINANCE 11-2005 ENACTED -COUNTRY CLUB BUDGET AMENDMENT -GOLF FEES Councilman Noel moved that Bill 1176 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB FUND BUDGET FOR THE FISCAL YEAR 2004-2005; ESTABLISHING A GOLF COURSE NON-HOLIDAY WEEKDAY SUMMER SPECIAL RATE OF $30 AND HALTING RESTAURANT CREDITS; ESTABLISHING A NON-HOLIDAY WEEKDAY AFTER-3 P.M. RATE OF $22; AND FURTHER CREATING A SUMMER SPECIAL WEEKEND AND HOLIDAY RATE (FRIDAY THROUGH SUNDAY OR ALL NATIONAL HOLIDAYS) OF $35 FOR 18 HOLES OF GOLF BEFORE 3:00 P.M. AND A RATE OF $25 AFTER 3 P.M. be placed on second reading and read by title alone. Vice Mayor Norris seconded the motion, and all present voted aye. Councilman Noel moved to enact Bill 1176 as Ordinance 11-2005. Vice Mayor Norris seconded the motion, and all present voted aye. BILL 1174 -NOISE CONTROL CODE AMENDMENT -PLACED ON FIRST READING (TABLED ON 6/9/05) Councilman O'Meilia moved to remove Bill 1174 from the table. Vice Mayor Norris seconded the motion, and all present voted aye. Councilman Noel moved that Bill 1174 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 19-120, EXEMPTIONS, OF ARTICLE VI, NOISE CONTROL, OF CHAPTER 19, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE, WHICH AMENDMENT IS FOR THE PURPOSE OF PROVIDING ADDITIONAL EXEMPTIONS TO ARTICLE VI, NOISE CONTROL; 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. Vice Mayor Norris seconded the motion, and all present voted aye. BILL 1177 - DOMANI PROJECT P.U.D. -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 1177 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS THE "DOMANI PROJECT" UPON THOSE CERTAIN LANDS COMPRISING 7.004 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 2 MINUTES OF REGULAR SESSION HELD JUNE 23, 2005 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 THE CONDOMINIUM ASSOCIATION OR THE FEE SIMPLE OWNERS; PROVIDING THAT ALL BOAT SLIPS AND DOCKS SHALL BE PRIVATE AND NON-COMMERCIAL; PROVIDING FOR REVIEW AND APPROVAL OF CONDOMINIUM 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 BY THE VILLAGE PLANNING COMMISSION; 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 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 Noel seconded the motion. Discussion took place concerning the final plans and specifications, which will be reviewed by the Planning Commission prior to second reading of the ordinance. Discussion was held regarding the cash contribution fee and payment schedule referred to in Section 3. The last sentence in Section 3 was revised to read in part "...shall remain in its then present status." The last sentence in Section 7 was revised to include "and approval of the Village" after the words "Planned Unit Development." Section 9 was revised to be consistent with Section 3 regarding failure to commence or complete development, by adding the phrase "... in its then resent status" after "Planned Unit Development shall remain." Discussion took place concerning the Petitioner's right to obtain or request an extension to commence construction, with Council consensus to allow the right to obtain an extension. Discussion took place concerning the building height restriction of 220 feet with regard to raising the ceiling height to 18 or 19 feet in the middle penthouse unit by penetrating into the mechanical spaces above. Larry Cohen of BC Architects gave a brief slide presentation on this matter. Village Attorney George Baldwin opined that in a P.U.D. the heights are under control of the Village Council. The height of the penthouse will be added to the waiver table. Discussion ensued on guest suites. Councilman O'Meilia moved to amend the motion for first reading by including in the ordinance all the changes specified by the Council at this meeting. Councilman Noel seconded the motion, and all present voted aye. BILL 1178 -AMENDING PARKING RESTRICTIONS -PLACED ON FIRST READING • Councilman O'Meilia moved that Bill 1178 entitled: 3 MINUTES OF REGULAR SESSION HELD JUNE 23, 2005 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (c) AND ADDING A SUBSECTION (d) TO SECTION 18-34, PARKING RESTRICTED, OF ARTICLE III, STOPPING, STANDING AND PARKING, OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF ORDINANCES OF THE VILLAGE, WHICH AMENDMENT RESTRICTS PARKING OF TRUCKS IN EXCESS OF THREE-FOURTHS TONS UPON PUBLIC STREETS AND HIGHWAYS AND UPON PRIVATE PROPERTY WITHIN 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 Noel seconded the motion, and all present voted aye. RESOLUTION 54-2005 ADOPTED -APPROVING CONTRACT FOR MARKETING AND PUBLIC RELATIONS SERVICES Councilman Noel moved to adopt Resolution 54-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A CONTRACT FOR MARKETING AND PUBLIC RELATIONS CONSULTING SERVICES WITH AMBIT MARKETING COMMUNICATIONS, A CORPORATION, ATTACHED AS EXHIBIT "A", WHICH CONTRACT PROVIDES TO THE VILLAGE PROFESSIONAL AND CONSULTATION SERVICES TO ACHIEVE VILLAGE ANNEXATION GOALS; AND, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Norris seconded the motion. During discussion, Village Attorney George Baldwin confirmed that the requested changes and corrections had been made. Thereafter the motion passed with all present voting aye. RESOLUTION 55-2005 ADOPTED -AUTHORIZING CROSS PARKING AGREEMENT Councilman O'Meilia moved to adopt Resolution 55-2005 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 A CROSS PARKING AGREEMENT WITH THE FIRST UNITARIAN UNIVERSALIST CONGREGATION OF THE PALM BEACHES ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR CROSS PARKING WHEREBY THE CHURCH CAN UTILIZE PARKING AT THE VILLAGE PUBLIC SERVICE BUILDING AND THE VILLAGE CAN UTILIZE PARKING AT THE FIRST UNITARIAN CHURCH; AND, PROVIDING FOR AN EFFECTIVE DATE Councilman Noel seconded the motion, and all present voted aye. • RESOLUTION AMENDING CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES TABLED 4 MINUTES OF REGULAR SESSION HELD JUNE 23, 2005 Councilman Noel moved to adopt a resolution 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 A FIRST AMENDMENT TO THE CONTINUING CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE VILLAGE OF NORTH PALM BEACH AND SFRN, INC. ATTACHED AS EXHIBIT "A," WHICH AMENDMENT AMENDS ATTACHMENT "C" RATE SCHEDULE; AND, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Norris seconded the motion. Discussion took place concerning the rate schedule and reimbursable expenses. Councilman Noel moved to table this item. Councilman O'Meilia seconded the motion, and all present voted aye. RESOLUTION 56-2005 ADOPTED -AUTHORIZING AGREEMENT WITH BELLSOUTH Vice Mayor Norris moved to adopt Resolution 56-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A 24- MONTH "LETTER OF ELECTION" AGREEMENT WITH BELLSOUTH ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR SERVICES AND ADJUSTED PRICING OF EXISTING VILLAGE SERVICE; AUTHORIZING AND DIRECTING THE VILLAGE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND, PROVIDING FOR AN EFFECTIVE DATE Councilman Noel seconded the motion. Nancy Vinez of BellSouth was present to review the agreement. During discussion it was clarified that the existing local lines are the renegotiated items on the pricing summary, and charges for the DSL lines will remain the same. Thereafter the motion passed with all present voting aye. RESOLUTION 57-2005 ADOPTED -AUTHORIZING FIRST AMENDMENT TO CONTRACT FOR SALE AND PURCHASE WITH BENJAMIN SCHOOL Councilman O'Meilia moved that Resolution 57-2005 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 A FIRST AMENDMENT TO CONTRACT FOR SALE AND PURCHASE BY AND BETWEEN THE BENJAMIN PRIVATE SCHOOL, INC., A FLORIDA CORPORATION, SELLER, AND VILLAGE OF NORTH PALM BEACH, A MUNICIPAL CORPORATION, BUYER, ATTACHED AS EXHIBIT "A," WHICH AMENDMENT CHANGES THE CLOSING DATE FROM ON OR BEFORE JUNE 30, 2005, TO ON OR BEFORE AUGUST 30, 2005; AND, PROVIDING FOR AN EFFECTIVE DATE • Vice Mayor Norris seconded the motion, and all present voted a e. Y 5 MINUTES OF REGULAR SESSION HELD JUNE 23, 2005 MAYOR AND COUNCIL MATTERS/REPORTS Discussion was held on the status of tiki huts at the pool. • Discussion took place concerning a letter from the Florida League of Cities regarding the Village's voting delegate at the League's Annual Conference in August. This item will be placed on the next agenda. VILLAGE MANAGER MATTERS/REPORTS Mr. Bates obtained Council approval to attend the Palm Beach County City Management Association Retreat to be held August 5 - 7, 2005 at Hutchinson Island. Mr. Bates advised that Assistant Village Manager Doug Smith will also be in attendance. Mr. Bates reported on an application from Adelphia to transfer its cable franchise. Discussion ensued on involving Leibowitz and Associates, the legal firm representing the Village with respect to cable and telecommunications issues and in matters related to the Village's cable television franchise with Adelphia. This item will be brought forward to the July 14, 2005 Regular Session. Mr. Bates reminded the Council of the Budget Workshop meetings scheduled for the week of July 11, 2005. REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS Mayor Eissey acknowledged receipt by the Council of the following Board minutes: Minutes of Country Club Advisory Board meeting held 5/9/05 "recommend to the Village Council to approve a rate of $15 per person for special event tournaments at the tennis facility. This fee would include $10 court rental and $5 for prizes." Minutes of Recreation Advisory Board meeting held 5/10/OS Minutes of 50th Anniversary Committee meeting held 5/25/05 Minutes of Country Club Advisory Board meeting held 6/06/05 "recommend to the Village Council approval of an adjustment to the summer special rate eliminating the $4 food credit and establishing weekend rates and recommending approval of temporary reductions in established rates in order to stay competitive." ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:15 p.m. C i~G'lli • Melissa Teal, CMC Village Clerk 6