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09-27-1984 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 27, 1984 Present: U. A. Marks, M. D., Mayor Al Moore, Vice Mayor Harriet Nolan, President Pro Tem Craig Mundt, Councilman Tom Valente, Councilman Charles R. O'Meilia, Acting Village Manager Herbert L. Gildan, Village Attorney Joan Bernola, Finance Director Dolores R. Walker, Village Clerk Mayor Marks called the Regular Session to order at 7:45 p.m. All ROLL CALL members of the Council and the staff were present. Mayor Marks gave the invocation and Councilman Mundt led the INVOCATION & Council and the public in the Pledge of Allegiance to the Flag. PLEDGE OF ALLEGIANCE The following minutes were approved as written: APPROVAL OF MINUTES Minutes of Public Hearing on proposed 1984-85 Operating Budget held Thursday, September 13, 1984 Minutes of Regular Session held Thursday, September 13, 1984 The following minutes stand as prepared: ACCEPTANCE OF MINUTES Minutes of Library Advisory Board Meeting held August 21, 1984 Minutes of Code Enforcement Board Meeting held September 10, 1984 Minutes of Regular Meeting of Planning Commission held September 4, 1984 Under Village Manager's Report, Mr. O'Meilia requested, and ITEM ADDED Council concurred, that the item concerning the bid award for the TO AGENDA gymnasium surface reapplication at the North Palm Beach Community Center be placed on tonight's regular session agenda. Vice Mayor Moore moved that Resolution No. 38-84 entitled: RES. 38-84 ADOPTED A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, LEVYING A TAX ON REAL AND PERSONAL PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF NORTH PALM BEACH ON JANUARY 1, 1984, FIXING THE TOTAL VALUATION THEREON AND THE TAX MILEAGE RATE THEREON FOR SAID TAX YEAR; AND REPEALING ALL RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION be adopted as read. The motion was seconded by President Pro Tem Nolan and passed unanimously. Councilman Mundt moved that Bill No. 452 entitled:. BILL 452 PLACED ON SECOND READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING BUDGETS FOR THE FISCAL YEAR OCTOBER 1, 1984, TO SEPTEMBER 30, 1985, BOTH INCLUSIVE, FOR THE VILLAGE OF NORTH PALM BEACH GENERAL FUND, INCLUDING DEBT RETIREMENT, AND FOR THE NORTH PALM BEACH COUNTRY CLUB REVENUE FUND TOGETHER WITH THE FEDERAL REVENUE SHARING FUND; AND REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE Minutes of Regular Session Held Thursday, September 27, 1984 Page 2 be placed on second reading and read by title alone. The motion was seconded by Vice Mayor Moore and passed unanimously. Councilman Mundt moved that Bill No. 452 be adopted as Ordinance No. 19-84. The motion was seconded by Councilman Valente and ' passed unanimously. Joan Bernola, Finance Director, left the meeting after the adoption of Ordinance No. 19-84. President Pro Tem Nolan moved that Bill No. 453 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACKNOWLEDGING CONFLICTS BETWEEN THE FIRE CODE OF THE VILLAGE OF NORTH PALM BEACH AND THE FIRE CODE ADOPTED IN PALM BEACH COUNTY ORDINANCE N0. 84-3, AND DECLINING TO ADOPT PROVISIONS OF SAID COUNTY ORDINANCE be placed on first reading and read by title alone. The motion was seconded by Uice Mayor Moore and passed unanimously. President Pro Tem Nolan moved that Resolution No. 39-84 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF FOREVER GREEN LAWN CARE, INC. FOR LAWN MAINTENANCE AT THE VILLAGE. HALL COMPLEX IN THE AMOUNT OF $350.00 PER MONTH, OR $4,200.00 ANNUALLY, FROM ACCOUNT NOS. 10-512-012-33490 (LAWN MAINTENANCE - VILLAGE ' MANAGER) AND 10-571-041-33490 (LAWN MAINTENANCE - LIBRARY) be adopted as read. The motion was seconded by Vice Mayor Moore and passed unanimously. President Pro Tem Nolan moved that we appoint Alfonse Santoro to the Contractors Board of the Village of North Palm Beach. The motion was seconded by Councilman Valente and passed unanimously. Councilman Valente moved that Resolution No. 40-84 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE CONTRACTORS BOARD OF THE VILLAGE OF NORTH PALM BEACH be adopted as read. The motion was seconded by President Pro Tem Nolan and passed unanimously. President Pro Tem Nolan moved that Resolution No. 41-84 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING COSTS AND CHARGES FOR SECURING COPIES OF VILLAGE DOCUMENTS AND PAPER AND FOR THE ' USE OF VILLAGE PERSONNEL IN REVIEWING TAPE RECORDINGS, ETC. be adopted. The motion was seconded by Councilman Mundt. President Pro Tem Nolan moved to amend Resolution No. 41-84 as follows: In the last paragraph of Section 1, after the second sentence add, "It is the intention of the of the Village Council that a reasonable amount of time be provided to Village residents, at no cost, to secure Items 4 and 6 above provided that such reasonable time is coordinated with the Village employee who must provide the information." The motion was seconded by Councilman Mundt and passed unanimously. BILL 452 ADOPTED AS ORD. 19-84 BILL 453 PLACED ON FIRST READING RES. 39-84 ADOPTED AL SANTORO APPOINTED TO CONTRACTORS BD. RES. 40-84 ADOPTED MOTION TO ADOPT RES. 41-84 RES. 41-84 AMENDED Minutes of Regular Session Held Thursday, September 27, 1984 Page 3 Vice Mayor Moore moved that Resolution No. 41-84 be amended as follows: In Sec. 1, Item 4, substitute the word "research" for "find". The motion was seconded by President Pro Tem Nolan and passed 4-1, with Councilman Valente opposed. Councilman Mundt moved that Resolution No. 41-84 be amended by ' deleting Item 4 of Section 1. 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. Thereafter Council voted on the main motion, as amended, which passed unanimously. President Pro Tem Nolan moved that we put all regular session agenda items in the Library for perusal from-the day the Council receives delivery to the day after the Council meeting. The motion was seconded by Councilman Valente and failed 2-3, with President Pro Tem Nolan and Councilman Valente voting aye, and Mayor Marks, Vice Mayor Moore and Councilman Mundt voting nay. Councilman Mundt moved that all the regular agenda items and workshop agenda items be available in a folder for the public in Mrs. Walker's office during the normal business- day of the Village. The motion was seconded by Vice Mayor Moore and passed 3-2, with President Pro Tem Nolan and Councilman Valente opposed. RES. 41-84 FURTHER AMENDED MOTION TO AMEND RES. 41-84 FAILED 2-3 MAIN MOTION, AS AMENDED, PASSED MOTION RE AGENDA ITEMS IN LIBRARY FAILED 2-3 AGENDA ITEMS TO BE AVAILABLE IN CLERK'S OFFICE DURING NORMAL BUSINESS DAY The meeting was recessed at 9:15 p.m. and was reconvened at 9:25 RECESS p.m. ' President Pro Tem Nolan moved that Resolution No. 42-84 RES. 42-84 entitled: ADOPTED A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF MARTIN SURFACE AND DECKING, COCKEYSVILLE, MARYLAND, FOR REAPPLICATION OF THE GYMNASIUM SURFACE AT THE NORTH PALM BEACH COMMUNITY CENTER, WITH ALTERNATE 1, IN THE AMOUNT OF $33,630.00, FROM ACCOUNT N0. 31-572-888-66213, 1981 C.I.P. CONSTRUCTION FUND (COMMUNITY CENTER) be adopted. The motion was seconded by Councilman Mundt and passed unanimously. The reason for not accepting the bid of the low bidder was REASON FOR NOT because of testimony concerning the work of the low bidder at ACCEPTING BID OF the arbibration hearings that it may be something Wimer-Stubbs LOW BIDDER did which caused the floor to fail and we don't want it repeated. President Pro Tem Nolan moved that we approve the concept drawing EMS MODULAR for the EMS headquarters as proposed in the attachment to the BUILDING memorandum from the Village Manager to the Mayor and Village ' Council dated August 29, 1984, copy of which is attached to the minutes of this meeting. The motion was seconded by Councilman Mundt and passed 4-1, with Vice Mayor Moore opposed. Vice Mayor Moore moved that we authorize the Mayor to execute EMPLOYMENT those certain Agreements between the Village and Peter Finlayson, AGREEMENTS WITH Golf Professional, Carole Kalogeropoulos, Tennis Professional, VILLAGE PRO- and Richard Cavanah, Pool Manager. The motion was seconded by FESSIONALS President Pro Tem Nolan and passed unanimously. Minutes of Regular Session Held Thursday, September 27, 1984 Page 4 1 J U President Pro Tem Nolan moved that Council approve the following MOTION DIED holiday schedule for Village employees: FOR LACK OF A SECOND November 12, 1984 January 1, 1985 November 22, 1984 February 18, 1985 November 23, 1984 May 27, 1985 _ 1/2 day on December 24, 1984 July 4, 1985 December 25, 1984 September 2, 1985 The motion died for lack of a second. Vice Mayor Moore moved t hat Counci l approve the following APPROVAL OF holiday schedule for Village employees: 1984-85 EMPLOYEE November 12, 1984 December 31, 1984 HOLIDAYS November 22, 1984 January 1, 1985 November 23, 1984 May 27, 1985 December 24, 1984 July 4, 1985 December 25, 1984 September 2, 1985 The motion was seconded by President Pro Tem Nolan and passed 3-2, with President Pro Tem Nolan and Councilman Valente opposed. Vice Mayor Moore moved that we cancel the Council Meeting of CANCELLATION Thursday, October 11, 1984 because four Council Members will be OF COUNCIL out of town and there will not be a quorum, and schedule MEETING OF Thursday, October 25, 1984, as the date for the next Regular 10/11/84 Session of the Village Council. The motion was seconded by President Pro Tem Nolan and passed unanimously. Councilman Valente moved that we approve the payment of $5,724.00 to Nason, Gildan, Yeager & Gerson for arbitration preparation in the Cox & Palmer lawsuit, to be expended from Account No. 31-572-888-66213 (NPB Community Center). The motion was seconded by Councilman Mundt and passed unanimously. President Pro Tem Nolan moved that we limit Junior Golf Members just to the use of the golf course, not to include the use of pool and tennis. The motion was seconded by Vice Mayor Moore and passed unanimously. There being no further business to come before the Council, the meeting was adjourned at 10:25 p.m. Minutes recorded by: ~~-~ `f~~%~°~ar @~,L' Dolores R. Walker, MC, illage Clerk APPROVAL OF PAYMENT - COMMUNITY CENTER LEGAL BILL JR. GOLF MEMBERS LIMITED TO USE OF GOLF COURSE ONLY ADJOURNMENT