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03-11-82 VC REG-MMLNUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIII4 HELD TENRSDAX, MARCH 11, 1882 Present: Al Moore, Mayor @T. H. BroGm, Vice Mayor Harriet Nolan, President Pro Tem V. A. Marks, Counr;lman Ta¢t Valente, Couacilman Raymrnzd .7. Howland, Village Manager Herbert L. Gildan, Vil7.age Attorney Dolores R. Walker, Village Clerk .roan A. Castiaux, Finance Director ' Mayor Marks. called the Regular Session to order at 7:32 p.m. ROLL CALL All members of the Cotmcil and the staff were present. Mayor Marks gave the invocation and Councilwoman Nolan led the INVOCATI~1 & PLEDGE Council and the public in the Pledge of Allegiance to the Flag. OF ALLEGIANCE On motion of President Pro Tsn Brown, seconded by Council-. RES. 15-82 Gx:ma~.z Nolan, all present voting aye, proposed Resolution No. ADOPTID 15-82 entitled: A RESQLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, DECLARING THE CANDIDATES ELECTID TO FILL THE OFFICES OF VILLAGE COUNCIIMAN, GROUPS 1, 3 AND 5, FOR A TERM OF TGu~ YEARS EACH was read in full and adopted as read as Resolution No. 15-82. The Village Clerk administered the Oath of Office to Council- OATHS OF OFFICE man Valente, Coimci_lman Moore and Councilwoman Nolan, who A1~7TNISTERID bad all been re-elected. These oaths- are in accordance with Article V, Section 2-41 of tTie Village Code, and shall be spread upon the minutes of the Cotmcil. The organization of the Council is red+i red by the Village. COUNCIL RFARGANI- Charter to be done at the next regular session of the Council ZATION followi~ the election of any Counc%]man.. Therefore, Council proceeded with. its organization in accordance with Article IIT, Section 3, of the Village Charter. Mayor Marks made the following statement for the record: MAYOR MARILS' I haue always stated that I didn't think the Mayor should have STATE[~Ti FOR the office for any length of time. I thought it ought to be THE RECORD rotated. I, at this time, would like to go back to one, either on my left side or the far right s%de,as a Coimci7man. I will not accept any office. I have reasons for this. I happen to be- President of the Medical Society at this time and also Chief of Staff at Palm Beach Gardens Hospital, and I will not accept any office. I will serve as Counci]man and do my job from that end. Sometimes T think you do a better job as Cotmcilman. At Least I sometimes get called first this way to speak and I can at least give my opisv.ans. It bas been a pleasure being Mayor of this fine Village and, of course, Twill still continue to support this Village and the Council and everything involved in this fine Village that we have and this good Council which *~ have served on. Councilwoman Nolan nominated Al Moore for the office of Mayor AL MOORS F'rF[~rF'n of the Village of North Palm Beach. There being no further MAYOR nrm;natiOllS, Al Moore was elected Mayor. Mayor Marks nominated W. H. Brown for the office of Vice Mayor W. H. BROWN of the Village of North. Palm Beach. There being no further ELECTED VICE nrrn;nations, W. H. Brown was elected Vice Mayor. MAYOR President Pro T~ Brown naninated Harriet Nolan for the office HARRIET NOLAN of President Pro Tem of the Village of North Palm Beach. There ELECTID PRESIDENT being no further nominations, Harriet Nolan was elected President PRO TEM Pro Tom. The Village Manager placed the names of Al Moore as Mayor, PIACEt~]T OF NAMES W. H. Brown as Vice Mayor, and Harriet Nolan as President ON PROPOSID RES. Pro Tem on proposed Resolution No. 16-82. 16-82 Minutes, of Regular Session Held Thursday, March 11, 1982 Page 2 On motion of Cotmcilman Moore, seconded by Colmcilw-~ Nolan., RES. 16-82 all present voting aye, proposed Resolution No. 16-82 entitled: ADOPTED A RESOLUTI~I OF THE VTf S AC,F: COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTIlVG CERTAIN OFFICERS FOR SUCH VTT7A(:F was read in full and adopted as read as Resolution No. 16-82. ' The Village Clerk administered the Oath of Office to Mayor OATHS OF OFFICE Dore, Vice Mayor Brown and President Pro Tem Nolan. These ADMIlVtSTERID oaths shall be spread upon the minutes of the Council. Councilman Marks turned the gavel over to Mayor Moore. GAVEL TURNID OVER TO MAYOR MOORS On motion of President Pro Tem Nolan, seconded by Councilman .APPROVAL OF Marlys, all present voting aye, the Minutes of Public Hearing MTDIUTES concerning Bi11 No. 395, the Electrical Code for the Village, held Thursday, February 25, 1982; and the Minutes of Regular Session held Thursday, February 25, 1982.were approved as written. On motion of President Pro Tan Nolan, seconded by Councilman ACCEPTANCE OF Marks, all present voting aye, the following minutes were MINUTES accepted as written: Minutes of Recreation Advisory Board Meeting held February 16, 1982 Minutes of North Palm Beach 25th Anniversary Committee Meeting held March 1, 1982 ' Minutes of North Palm Beach Country Club Advisory Board Special Meeting held March 3, 1982 Vice Mayor Brown moved that we postpone the recoumendation of MOTION AND SECOND the Cotmtry Club Advisory Board concer"'nom the selection of WITEIDRAWN RE - the new lessee for the North, Palm Beach Country Clvb until we SELECTI~V OF get to Its 12 (b) on the regular session agenda. The motion LESSEE AT NPBCC was seconded by Councilman Valente. During the discussion, Vice Mayor Brown withdrew his motion and Councilman Valente withdrew his second. President Pro Tem Nolan moved that we accept the recoameridation of CC AD. BD. RECCM- the Country Club Advisory Board to select-either Mr. Fickler MEPIDATION ACCEP'iFD or Mr. Heneberg as the new lessee of the North Palm Beach Country Club. The motion was seconded by Vice Mayor Bra~m and all present voted aye. Vice Mayor Brown moved that Cotmcil authorize the Mayor to MAYOR AUTHORIZID execute that certain Agreement (as it had been amended) between TO SXECU'i'S A1,R the Village anal Peter Finlayson to lease the Driving Range at TO LEASE DR1~T.CNG the North Palm Beach Country Clvb. The motion was seconded by RANGE AT NPBCC Counci]s~an Marks and passed 3-2, with Mayor Moore and Council- man Valente opposed. ' Vice Mayor Brown moved that we execute a Lease Agre~nt with N%)TION TO EXECUTE Bodo Fickler (to conduct food and beverage operations at the LEASE AGRF~T North. Palm Beach Country Club). The motion was seconded by WIi1i BODO FICKT~R Coia~cilman Valente. Councilman Marks moved that the Lease Agreement be amended LEASE AC'R-'r as follows: Delete the last sentence of 'B. Type of Operation" AMENDID on page two. The motion was seconded by President Pro Tan Nolan and all present voted aye. Mirnstes q~ Regulax Session Held Thursday, March 11, 1982 Page 3 President Pro Ten Nolan moved that the Lease Agremlent be mended LEASE A1;RF~FN'i' as follows: Ti7 Section 3 (A) on page two, add after-the word ADZENDID promptly, "but not to exceed forty-five days." The motion was seconded by Vice Mayor Brown and all present voted aye. Councilman Marks moved that the Lease A„areenent be mmended as LEASE AGREQ~i1T follows: On page seven in "Section 17. Term of Agreement", AMENDID ' in the second sentence delete the date of February 1, 1984 and replace it with the date of .7u1y 1, 1983. The ux~tion was second- ed by Concilman Valente and all present voted aye. Thereafter Cmncil voted on the. main motion which passed una~z- MAIN MOTION imouysly. PASSID 5-0 President Pro Ten Nolan moved that we purchase and install MOTION Ta PURCHASE twenty-four foot lockers down the middle of the Men's Locker & INSTALL 24 Room at the North Palm Beach Country Club, to be expended from FOOT LOQ.~125 AT Account No. 622-572-64.15. The motion was seconded by Council- NPBCC man Marks for disctssion. Councilman Marks moved to amend the motion as follows: That cue expend the entire a¢nunt ($2,215) and install forty-four lockers. The motion was seconded by Councilman Valente. Councilman Valente moved that we postpone further discussion on the pending mention until Council's next regular session of March 25, 1982 (so that we can get some backup and get it all cleared before we make a decision that is not in the best interest of anyone). The motion was seconded by Coumciln~ Marks and all present voted aye. ' In accordance with the request of the Department of Environmental Regulation, Cotnc~~m~n Valente moved that we enter the biological report dated December I5, 1981 by Shirley A. Webster, who signed for Mr. Robert S. Pryor, Biologist, Palm Beach County Health Department, into the minutes of this meeting. (A copy of this report is attached to the minutes of this meeting). The motion was seconded by President Pro Ten Nolan and all present voted aye. Councilman Marks moved that we proceed with the date of Saturday, April 17, 1982, at 11:00 a.m, for burial of the Time Capsule. The motion was seconded by President Pro Tmu Nolan. Vice Mayor Brawn moved to amend the motion as follows: That the time be changed from Saturday morning at 11:00 a.m. to Saturday afternoon at 3:30 p.m. The motion died for lack of a second. 1 Thereafter Council voted on the main motion which passed 4-1, with Vice Mayor Brown opposed. There being no further buasiness to cane before the Council, on motion of Councilmazi Marks, seconded by President Pro Ten Nolan, all present voting aye, the meeting was adjourned at 9:00 p.m. MOTION TO AMEND FURTHER DISCUSSION ON PENDING MOTICN POSTPONID U'~TIL 3/25/82 BIOLOGICAL REPORT ~rrFRN.n ~7TO MINUTES MOTION TO PROCEED WITH DATE FOR BURIAL OF TIIhE CAPSULE NATION DTED FOR LACK OF A SECOND MAIN MOTION PASSID 4-1 ADJOUR1~uT Minutes recorded by: Dolores R. Walker, CMC Village Clerk OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, ~,7- Moore. do solenmly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of-the Village of North Palm Beach; that I will faithfully, honestly and impartially discharge my duties as Cotmcilm~r, during my continuance therein; that I am not directly or indirectly pecuniarily interested in any public service corporation engaged in business in the Village of North Palm Beach, or in or with any person or corporation having contracts with said Village, so help me Gad.- Signed ~4 ~~ ,._..~,-.~ Subscribed and sworn to before me this 17t1i day of MaxcTi , 19 82 - No[ary Publiq Scare of Florida ar Large My Commission ~Ea~pires May 11, 1983 OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, Harrier Nolan do solenmly swear that I will support the Constitution of the United States, the. Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; that I will faithfully, honestly and impartially discharge my duties as CoLmcilwvmazl during my continuance therein; that I am not directly or indirectly pecuniarily interested in any public service corporation engaged in business in the Village of North Palm Beach, or in or with any person or corporation having contracts with said Village, so help me God. _ _ Signed ,/~G ~~ ~ __ Subscribed and sworn to before. me-this 11th. day of Max'cIz 19 82 Noiary Publlt, Siaxe of Florida ar Lar6+e My Commission Expires May 17, 1983 OATH OF OFFIC£ State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, Tom Valente do solenmly swear that I will support 'the Constitution of the United States, the Constitution of the State of Florida, and the_Charter and Code of the Village of North Palm Beach; that I~wil1 faithfully, honestly and impartially discharge my duties as Councilman during my continuance therein; that I am not directly or indirectly pecuniarily interested in any public service corporation engaged in business in the Village of North Palm Beach, or in or with any person or corporation having contracts with said Village, so help me God. Signed ~~~~~~. Subscribed and sworn to before me this llth day of MaY'Ch 19 82 . Notary Public, State of Florida at Large My Commission Expires May 17, 1953 OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. '- _ --- Village of North Palm Beach ) I, Al Moo;^e do solenmly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and-the Charter and Code of the Village of North Palm Beach; that I will faithfully, honestly and impartially discharge my duties as Mayox during my continuance therein; that I am not directly or indirectly pecuniarily interested in-any public service corporation engaged in business in the Village of North Palm Beach, or in or with any person or corporation having contracts with said Village, so help me God. Signed C~~'~cv~~a-~y€__ Subscribed and sworn to before me this 11th day of March. , 19~_. ~r_( o-_,._m ~ ~~~ Notary PubIiq State of Florida ae Large My Commission Expires May 17, 1983 OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, W. H. Brown - do solenmly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village-of North Palm Beach; that I will faithfully, honestly and impartially discharge my duties as -Vice Mayor- during my continuance therein; that I am not directly or indirectly pecuniarily interested in any public service corporation engaged in business in the Village of North Palm Beach, or in or with any person or corporation having contracts with said Village, so help me God. _ - Signed Subscribed and sworn to before me this 11th day of March , 19 82 si lit/ l--e a-'-^~ ~ v~~'2'~',~ Noxary Public, Scaxc of Florida at Large My Commission Fa-pires May 17, 1983 OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, Haxx%,et Nolan do solenmly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; that I will faithfully, honestly and impartially discharge my duties as President Px'o Tern during my continuance therein; that I am not directly or indirectly pecuniarily interested in any public service corporation engaged in business in the Village of North Palm Beach, or in or with any person or corporation having contracts with said Village, so help me God. Signed Subscribed and sworn to before me this 11th. day of ~? , 1482. No[ary Public, Slate of Florida at Lazge My Commission Expires May I7, 1983 ,. ; c DEPARTh;NT OF Eh'VI1~ONMENTAL F.c.GJL~TION PERtiI^1 APPLICATIOAI APPRAISAL File No.c-DP 50-49095 5E County: Palm Reach Date: 11/30/81 -- Applicant Name: Old Fort Cove 2•fanagement Co_ - Address: 1224 U_S. Highway i~l, i;orth Paln Beach, FL 33408_ Agent (if applicable} J.E. Flue:., Jr., J.E_F_ Associates, Inc. ~ - Address- 2198 S.W_ Isabel Rd. Ld., Boca Raton, FL 33432 Location of project: Section(s)- 9 Township 42 s Range 43 E - Section(s) Townshin Range -_ Local Reference: Old Port Cove - - - - Water Body: Intracoastal Waterway _'- III Ad~acent Waters: III _ __: T Water Classification of Praject,Area: J _ Aquatic Preserve: ,N/A • N/A Outstanding Florida Waters: - On site inspection by: Robert S_ Pryor - - Date of Inspection. 11/25/81 - Original Application:.Yes R-No_ Revised Application:-Yes No X Date: - Date of. 2nd Insp. - Biological and 6Tater Quality Assessment - -- A. Desc=iption of proposed groject and construction techniques. _ Quantify area of .project which extends ir_to.waters of thz:state - (including the submerged lands of those waters ar_d the transi- tional zone of the submerged land}.as defined in Section 17-4.02 and Section 17-4.28, Florida Administrative Code.. - _ B.' Bioahys'~al features of general area.: Include comments concerning -- extent :` development of adjoining properties as ;well as relevant historical facts about the area. C. Biophysical features of specific-project site and spoil-site if applicable. Include identification of bottom types and any relevant historical facts about the area of the project. D. Potential impact of project on biological-resources and water. quality. Address long-term impact as well as immediate impact for all aspects of the project. E. Suggestions, where appropriate, for modifications that may reduce or minimize. the potential impact of project. _ -- - . J Uld Port Cove P4anagement Co_ - F.iprap nr so-4saoc, s~ C A. Ttie applicant is proposing to construct 770 liaenl. feet of Terrafir./riprap revetment along the northers: shoreline of the Intracoastal Waterway at Old Fort Cove- The toe of the Terrafix will be emplaced below the line of mean logo Boater (*f.L_ta.), and will extend landward to above the line of mean high o7ater M.Ei.[d_)_ B. The general area is located along Gove. The Infra site and becomes extremely wide. Worth and on the in which this project is proposed to take place the western shoreline of Lake Liorth at Old Port coastal Waterway turns west from Lake Worth at this a man-made land cut. Lake Worth in this area is Old Port Cove is bordered on the east by Lake- south by the Intracoastal T•laterway. The upland of this area is utilized extensively by multifamily dwelling. T'he natural upland vegetation. of this area has been removed and replaced by lawns, ornamentals and exotics_ The proposed work area is located at the south edge of the"Old Port Cove property along the Intracoastal Waterway. The Intracoastal Waterway at this site is approximately 1,50 yards wide and 50%-F . of the shoreline in this area is bulkheaded. No shoreline or submerged aquatic vegetation was observed. The submerged substrate is a mixture of sand and organics and should be considered moderate. to good in terms of biological productivity. C. The spec ific_work area is located along the northern edge of the Intracoastal Waterway 200 yards west of .Lake Worth at Old Port Cove, 1224 U.S_ Highway ail, North Palm Beach, Fla. The work area is located between two bulkheads in a 770 ft.-long area that has nut been bulkheaded. The shoreline at this site is a beach-like area consisting of clean sand. There is evidence at this site of erosion along the shoreline_ No submerged aquatic or shoreline vegetation was observed and the area should be considered good in terms of biological productivity. , D. No significant immediate or long-term biological impact is expected from this project provided state water quality and turbidity stan- dards are not violated during construction. Completed Robert S. Biologist Palm Beach RSP/fm by:_y `~ Date: I2/ISJ81 (Signat ~ ) Pryor County Health Department