12-13-1984 VC REG-MMINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD
THURSDAY, DECEMBER 13. 1984
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Present: V. A. Marks, M. D., Mayor
Al Moore, Vice Mayor
Harriet Nolan, President Pro Tem
Craig Mundt, Councilman
Tom Valente, Councilman
Raymond J. Howland, Village Manager
Herbert L. Gildan, Village Attorney
Dolores R. Walker, Village Clerk
Mayor Marks called the Regular Session to order at 7:30 p.m. All
members of the Council and the staff were present.
Mayor Marks gave the invocation and President Pro Tem Nolan led
the Council and the public in the Pledge of Allegiance to the
Flag.
The Minutes of Regular Session held Thursday, November 8, 1984
were approved as written.
Mayor Marks, on behalf of the Village, presented a Proclamation
to John H. Flynn, President, Chief Executive Officer of Palm
Beach Blood Bank, Inc., proclaiming the month of January as
"National Volunteer Blood Donor Month" in the Village.
The following minutes stand as prepared:
Minutes of Library Advisory Board Meeting
held October 23, 1984
Minutes of Code Enforcement Board Meeting
held November 5, 1984
Minutes of Regular Meeting of Planning Commission
held November 13, 1984
Minutes of Regular Meeting of North Palm Beach
Country Club Advisory Board held November 20, 1984
Minutes of Recreation Advisory Board Meeting held
October 9, 1984
The following minutes stand as corrected:
ROLL CALL
INVOCATION &
PLEDGE OF
ALLEGIANCE
APPROVAL OF
MINUTES
PROCLAMATION -
"NATIONAL VOLUN-
TEER BLOOD DONOR
MONTH"
ACCEPTANCE
OF MINUTES
Minutes of Meeting of Pension Board for General
Employees held November 26, 1984
Minutes of Regular Meeting of Planning Commission
held December 4, 1984
Vice Mayor Moore moved that the Planning Commission recommendation MOTION TO
that the Zoning Code be amended as set forth in the minutes of PLACE PLANNING
their meeting held December 4, 1984 be placed on the floor for COMM. RECOMMENDA-
discussion. The motion was seconded by President Pro Tem Nolan TION ON FLOOR FOR
and passed unanimously. DISCUSSION
After discussion on the above item, Vice Mayor Moore moved to
approve the recommendation of the Planning Commission that the
Zoning Code be amended as set forth in the minutes of their
meeting held December 4, 1984 (copy of which is attached to the
minutes of this meeting). The motion was seconded by Councilman
Valente and passed 3-2, with President Pro Tem Nolan and
Councilman Mundt opposed.
PLANNING COMM.
RECOMMENDATION
APPROVED
Minutes of Regular Session
Held Thursday, December 13, 1984
Page 2
Councilman Mundt moved that Bill No. 454 entitled: BILL 454
PLACED ON
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SECOND READING
AMENDING THE NORTH PALM BEACH BUDGET FOR FISCAL YEAR 1984-85
BY APPROPRIATION TRANSFERS
' be placed on second reading and read by title alone. The motion
was seconded by Councilman Valente and passed unanimously.
Councilman Mundt moved that Bill No. 454 be adopted as Ordinance BILL 454
No. 21-84. The motion was seconded by Uice Mayor Moore and ADOPTED AS
passed unanimously. ORD. 21-84
Councilman Valente moved that Bill No. 455 entitled: BILL 455 PLACED
ON FIRST READING
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, & READ IN TOTAL
AMENDING THE NORTH PALM BEACH BUDGET FOR FISCAL YEAR
1984-85
be placed on first reading and read in total. The motion was
seconded by Councilman Mundt and passed unanimously.
Councilman Valente moved that Bill No. 455 be placed on second BILL 455 PLACED
reading and read by title alone. The motion was seconded by ON SECOND READING
President Pro Tem Nolan and passed unanimously. & READ BY TITLE
ALONE
Councilman Mundt moved that Bill No. 455 be adopted as ordinance BILL 455 ADOPTED
No. 22-84. The motion was seconded by President Pro Tem Nolan AS ORD. 22-84
' and passed unanimously.
The reason for this emergency ordinance is that Mr. George REASON FOR
Delacorte has been concerned that the Community Center EMERGENCY ORD.
building be completed as rapidly as possible, and that the
next regular session of the Village Council will not be held
until January 10, 1985.
Councilman Mundt moved that Resolution No. 45-84 entitled: RES. 45-84
ADOPTED
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING MEMBER TO THE PENSION BOARD FOR GENERAL
EMPLOYEES OF THE VILLAGE OF NORTH PALM BEACH, EXCEPT FIRE
AND POLICE
be adopted as read. The motion was seconded by Councilman --
Valente and passed unanimously.
President Pro Tem Nolan moved that Resolution No. 46-84 RES. 46-84
entitled: ADOPTED
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING A MEMBER TO THE PENSION BOARD FOR FIRE
AND POLICE EMPLOYEES OF THE VILLAGE OF NORTH PALM BEACH
t be adopted as read. The motion was seconded by Vice Mayor Moore
and passed unanimously.
President Pro Tem Nolan nominated W. H. Brawn as designee to W. H. BROWN
represent the Village on the John D. MacArthur Park Conservation APPOINTED TO MAC
Corporation Board of Directors. There being no further ARTHUR PARK CON.
nominations, W. H. Brown was appointed. CORP. BD. OF DIR.
President Pro Tem Nolan moved that Resolution No. 47-84 RES. 47-84
entitled: ADOPTED
Minutes of Regular Session
Held Thursday, December 13, 1984
Page 3
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING A DESIGNEE TO REPRESENT THE VILLAGE OF
NORTH PALM BEACH ON THE JOHN D. MAC ARTHUR PARK
CONSERVATION CORPORATION BOARD OF DIRECTORS
' be adopted. The motion was seconded by Vice Mayor Moore and
passed unanimously.
Vice Mayor Moore moved that Resolution No. 48-84 (concerning the
bid of LaCroix Construction Company for completion of the North
Palm Beach Community Center) be placed on the floor for
discussion. The motion was seconded by President Pro Tem Nolan.
Councilman Mundt moved that we accept the bid from Howard Cook
(for completion of the Community Center). The motion was
seconded by Councilman Valente and failed 2-3, with Councilman
Mundt and Councilman Valente voting aye, and Mayor Marks, Vice
Mayor Moore and President Pro Tem Nolan voting nay.
Vice Mayor Moore moved that we place the name of LaCroix
Construction Company, Lake Worth, FL, on the Resolution (No.
48-84) for a total cost for labor and material not to exceed
$66,700.00 as Item 1; a total cost of change orders at 15%, not
to exceed $2,000.00 as Item 2; and Item 3, square foot cost for
stucco, Item 17, not to exceed 300 square feet, at a cost of
$1,050.00. The motion was seconded by Councilman Mundt and
passed 3-2, with Mayor Marks, Vice Mayor Moore, and Councilman
Mundt voting aye, and President Pro Tem Nolan and Councilman
Ualente voting nay.
' Vice Mayor Moore moved that Resolution No. 48-84 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF LA CROIX CONSTRUCTION COMPANY,
INC., LAKE WORTH, FLORIDA, FOR COMPLETION OF THE NORTH PALM
BEACH COMMUNITY CENTER, ITEM 1, BASE BID, IN THE AMOUNT OF
$66,700.00, ITEM 2, CHANGE ORDERS, NOT TO EXCEED $2,000.00,
AND ITEM 3, STUCCO REPLACEMENT, NOT TO EXCEED 300 SQUARE
FEET AND/OR $1,050.00, TO BE EXPENDED FROM ACCOUNT N0.
31-572-888-66213 (COMMUNITY CENTER CONSTRUCTION)
be adopted. The motion was seconded by Councilman Mundt and
passed 3-2, with Mayor Marks, Vice Mayor Moore and Councilman
Mundt voting aye, and President Pro Tem Nolan and Councilman
Valente voting nay.
The meeting was recessed at 9:30 p.m. and was reconvened at 9:40
p.m.
Vice Mayor Moore moved that we place on the floor for discussion
the sick time and comp time for Gerald Roberts. The motion was
seconded by President Pro Tem Nolan.
After discussion of the sick time and comp time for Gerald
Roberts, Vice Mayor Moore moved that based upon the regulations
which were in effect when Mr. Roberts was in the employ of the
Village of North Palm Beach, we pay him for the 26.83 days
sick time he is entitled to. The motion was seconded by
Councilman Valente and passed unanimously.
MOTION TO PLACE
RES. 48-84 ON
FLOOR FOR DIS-
CUSSION
MOTION TO
ACCEPT BID OF
HOWARD COOK
FAILED 2-3
MOTION RE
RES. 48-84
PASSED 3-2
RES. 48-84
ADOPTED
RECESS
MOTION TO PLACE
G. ROBERTS' SICK
& COMP TIME ON
FLOOR FOR DIS-
CUSSION
G. ROBERTS PAID
FOR 26.83 DAYS
SICK TIME
C
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Minutes of Regular Session
Held Thursday, December 13, 1984
Page 4
Councilman Mundt moved that we lend the two large paintings and
the chandelier that were formerly in the Winter Club to the
Historical Society of Palm Beach County for as long as they use
them for display to the public, title to the property to remain
in the Village. The motion was seconded by Councilman Valente
and passed 4-1, with Vice Mayor Moore opposed.
Vice Mayor Moore moved that we do not ratify the enrollment of
the Department of Public Safety Dispatchers with the Police
Benevolent Association Union. The motion was seconded by
President Pro Tem Nolan for discussion and failed 1-4, with Vice
Mayor Moore voting aye, and Mayor marks, President Pro Tem Nolan,
Councilman Mundt, and Councilman Valente voting nay.
President Pro Tem Nolan moved that we ratify the enrollment of
the Department of Public Safety Dispatchers with the Police
Benevolent Association Union, with the exclusion of Jane Lerner,
who is classified as a dispatcher, but is the secretary to the
Director of Public Safety. The motion was seconded by Councilman
Mundt and passed 4-1, with Vice Mayor Moore opposed.
Vice Mayor Moore moved that Item 12 d (Community Center Repair
and Completion Bids) be removed from the agenda. The motion was
seconded by Councilman Mundt and passed unanimously.
The Village Council discussed Judge Colbath's Order regarding
Save the Winter Club vs. North Palm Beach. After discussion,
Councilman Valente moved that we file an appeal from Judge
Colbath's Order concerning Save the Winter Club, Inc., et al
vs. The Village of North Palm Beach, et al, and that there would
be no fees charged to the Village for the appeal and fees, if
any, would be granted against the defendants. The motion was
seconded by Councilman Mundt and passed unanimously.
There being no further business to come before the Council, the
meeting was adjourned at 10:00 p.m.
Minutes recorded by: (/~ ~-^~° C~\~J~R-ei~- ; C°~e
Do ores R. Walker, CMC, iT a~~erk
PAINTINGS &
CHANDELIER LENT
TO HIS. SOC. OF
P.B. CTY.
MOTION NOT TO
RATIFY ENROLL-
MENT OF DISPATCH-
ERS IN PBA FAILED
1-4
PUB. SAFETY DIS-
PATCHERS ENROLLED
IN PBA
ITEM 12 d
REMOUED FROM
AGENDA
VILLAGE TO APPEAL
JUDGE COLBATH'S
ORDER RE SAVE
WINTER CLUB VS.
NORTH PALM BEACH
ADJOURNMENT
-, ~ -~
s Planning Commission ~ '
~.•--' • December 4, 1984 n - _
Page 2
Chairman called the case of Bishop Signs for pole sigh POLE SIGN
alteration approval for Auto Insurance, 108 U.S. #1. AUTO INSURANCE
` Motion by Mr. Small, second: by.Mr.•Titzel to approve the
project plans as amended: Colors to be white letters on
i brown background.
Note: 5-0 to approve.
y Chairman called the case of Bishop Signs for wall sign WALL SIGN
[ approval, for Phillips 66 at the North Palm Beach Marina, PHILLIPS 66 - NORTH
1037 Marina Drive. Motion by Mr. Ridgway, second by Mr. PALM BEACH MARINA
Lambert to approve the project plans as.submitted.
Vote: 5-0 to approve. .
Chairman called the case of Sun Sionage for wall sign WALL SIGN
approval for the LePetit Cafe, 1201 U.S. #1, Crystal Tree. LePETIT CAFE
Motion by Mr. Lambert, second by Mr. Small to approve the
project plans as submitted.
Vote: 5-0 to approve.
The Board discussed at length the procedures for tardy. ... .. OLD BUSINESS
members. Motion by Mr. Titzel, second by Mr. Ridgway that PROCEDURE-TARDY
if'a regular member is more than 20 minutes;,late, an alter- `'MEMBERS
Hate member will vote for the rest of the nztv'eting.
Uote: 5-0 to approve. I ~~~
The Planning Commission discussed the lack of a definition. ZONING CODE
of building height and grade in the Zoning Ordinance. Af- HEIGHT DEFINITION
ter discussion, motion by Mr. Titzel, second by Mr. Ridgway
to recommend~to the Village Council that the Zoning Code be .
amended to include the following definitions:
Grade: is a reference plan representing the average
of a finished ground level adjoining the
building at all exterior walls.
Height:. as applied to a building, means the vertical
distance from grade to the highest finished
roof surface in the case of flat roofs or to
a point at the average height of roofs having
a pitch of more than one (1} foot in four and
one-half (42} feet. Elevator towers, mechan-
ical'apparatus and church steeples are not
restricted by this definition.
Chairman brought up for discussion the utilization of flower NEW BUSINESS r,
beds as a sign. Mr. O'Meilia read the definition of a sign FLOWER BEDS AS SIGNS
from the Vi l7 age Code. The Commission instructed Mr.
O'Meilia to look at and report on the flower bed at the
south end of Crystal Tree Shopping Plaza.
Motion by Mr. Titzel, second by Mr. Small to adjourn at ADJOURIVMENT
9:12 P.M.
r
Motion passed 5-D_