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05-09-1985 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, MAY 9, 1985 Present: Tom Valente, Mayor Al Moore, Vice Mayor Harriet Nolan, President Pro Tem Craig Mundt, Councilman Raymond J. Howland, Village Manager Herbert L. Gildan, Village Attorney Dolores R. Walker, Village Clerk Absent: V, A, Marks, Councilman Mayor Valente called the Regular Session to order at 7:30 p,m. ROLL CALL All members of the Council were present except Councilman Marks, who was out of town. All members of the staff were present. Mayor Valente 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 Minutes of Regular Session held Thursday, April 25, 1985 were approved as written. Mayor Valente, on behalf of the Village, presented a Proclamation to Beverly Pope, Vice President of Seacoast Utilities, Inc., proclaiming May 6 through May 10, 1985 as "Seacoast Utilities Drinking Water Week," APPROVAL OF MINUTES PROCLAMATION - "SEACOAST UTIL- ITIES DRINKING WATER WEEK" The following minutes stand as corrected: ACCEPTANCE OF MINUTES Minutes of Regular Meeting of Planning ' Commission held April 2, 1985 Minutes of Pension Board Meeting for Police/Fire Employees held April 4, 1985 Councilman Mundt moved that Bill No. 462 entitled: MOTION TO PLACE BILL AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, 462 ON SECOND AMENDING THE NORTH PALM BEACH BUDGET FOR FISCAL YEAR 1984-85 READING BY APPROPRIATION TRANSFERS (PRIOR YEAR'S SURPLUS) be placed on second reading and read by title alone. Mayor Valente passed the gavel to Vice Mayor Moore and seconded the motion. President Pro Tem Nolan moved to amend the motion by deleting MOTION DIED Account No. 10-535-033-66410 - Packer Truck - in the amount of FOR LACK OF $37,293,00 from Bill No. 462. The motion died for lack of a A SECOND second. Thereafter Council voted on the main motion which failed 2-2, MAIN MOTION with Mayor Valente and Councilman Mundt voting aye, and Vice FAILED 2-2 Mayor Moore and President Pro Tem Nolan voting nay. Vice Mayor Moore returned the gavel to Mayor Valente. Councilman Mundt moved that Bill No. 463 entitled: BILL 463 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 (ROF) be placed on second reading and read by title alone. The motion was seconded by President Pro Tem Nolan and passed unanimously. Minutes of Regular Session Held Thursday, May 9, 1985 Page 2 Councilman Mundt moved that 8i11 No. 463 be adopted as Ordinance No. 5-85, contingent upon verification by the Village Finance Director that there is $39,644.00 of surplus at the North Palm Beach Country Club for Fiscal Year 1983-84. The motion was seconded by Vice Mayor Moore and passed unanimously. Vice Mayor Moore moved that Bill No. 464 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE VILLAGE OF NORTH PALM BEACH CODE BY ADOPTING CHAPTER 40E-21 OF THE FLORIDA ADMINISTRATIVE CODE, AS SAME MAY BE AMENDED FROM TIME TO TIME, AS THE WATER SHORTAGE PLAN FOR THE VILLAGE OF NORTH PALM BEACH be placed on second reading and read by title alone. The motion was seconded by President Pro Tem Nolan and passed unanimously. President Pro Tem Nolan moved that Bill No. 464 be adopted as Ordinance No. 6-85. The motion was seconded by Uice Mayor Moore and passed unanimously. President Pro Tem Nolan moved that Bill No. 465 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE VILLAGE CODE (THE SIGN CODE) BY PERMITTING CERTAIN CHANGEABLE COPY PANEL SIGNS be placed on second reading and read by title alone. The motion was seconded by Vice Mayor Moore and passed unanimously. President Pro Tem Nolan moved that Bill No. 465 be adopted as Ordinance No. 7-85. The motion was seconded by Uice Mayor Moore ' and passed unanimously. President Pro Tem Nolan moved that Resolution No. 22-85 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, REPEALING RESOLUTION NO. 14-85 WHICH APPOINTED MEMBERS TO THE LIBRARY ADUISORY BOARD OF THE VILLAGE OF NORTH PALM BEACH be adopted. The motion was seconded by Councilman Mundt and passed unanimously. President Pro Tem Nolan moved that Resolution No. 23-85 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE LIBRARY ADVISORY BOARD OF THE VILLAGE OF NORTH PALM BEACH be adopted. The motion was seconded by Councilman Mundt and passed unanimously. President Pro Tem Nolan moved that Resolution No. 24-85 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF BEMIS CO., INC., TERRE HAUTE, INDIANA, FOR 3,000 BOXES OF POLYETHYLENE REFUSE BAGS AT $4.94 PER BOX, FOR A TOTAL OF $14,820.00, TO BE EXPENDED FROM INVENTORY ACCOUNT 10-000-000-14120 BILL 463 ADOPTED AS ORD. 5-85 BILL 464 PLACED ON SECOND READING BILL 464 ADOPTED AS ORD. 6-85 BILL 465 PLACED ON SECOND READING BILL 465 ADOPTED AS ORD. 7-85 RES. 22-85 ADOPTED RES. 23-85 ADOPTED RES. 24-85 ADOPTED be adopted. The motion was seconded by Councilman Mundt and passed unanimously. a~ Minutes of Regular Meeting Held Thursday, May 9, 1985 Page 3 Councilman Mundt moved that Resolution No. 25-85 entitled: RES. 25-85 ADOPTED A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF McCOURT CONSTRUCTION COMPANY FOR RESURFACING OF FOUR TENNIS COURTS AT THE NORTH PALM BEACH COUNTRY CLUB IN THE AMOUNT OF $11,795.00 FROM ACCOUNT N0. 41-572-131-66370 be adopted, contingent upon the adoption of Ordinance No. 5-85. The motion was seconded by Vice Mayor Moore and passed unanimously. President Pro Tem Nolan moved that Resolution No. 26-85 RES. 26-85 entitled: ADOPTED A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH FLORIDA, ACCEPTING THE BID OF SOUTHERN INTERNATIONAL FIREWORKS, INC. FOR FIREWORKS DISPLAY IN THE AMOUNT OF $2,789.99 FROM ACCOUNT N0. 10-572-043-34932 (PUBLIC EVENTS) be adopted. The motion was seconded by Vice Mayor Moore and passed unanimously. The Resolution awarding the bids for Lighting at Osborne Park was RES. FOR BIDS FOR withdrawn due to the fact that Bill No. 462 was not adopted. LIGHTING WITHDRAWN Yice Mayor Moore moved that Resolution No. 27-85 entitled: RES. 27-85 ADOPTED A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE PERSONNEL REGULATIONS BY ESTABLISHING A LONGEVITY PAY POLICY be adopted. The motion was seconded by President Pro Tem Nolan and passed unanimously. Vice Mayor Moore moved that we transfer a maximum of $2,500.00 MICROCOMPUTER from Account Na. 10-519-061-49911 (Council Contingency) to FOR VILLAGE Account No. 10-512-012-66315 (Village Manager's Computer) for the MANAGER'S purchase of a microcomputer for the Village Manager's Office. OFFICE The motion was seconded by President Pro Tem Nolan and passed unanimously. Vice Mayor Moore moved that we accept the payment by Cox & COX & PALMER Palmer, as outlined in the May 7, 1985 letter, copy of which is ARBITRATION attached to the minutes of this meeting, and as clarified by the SETTLEMENT Village Attorney on this date. The motion was seconded by President Pro Tem Nolan and passed unanimously. President Pro Tem Nolan moved to discuss the North Palm Beach MOTION TO DIS- Community Center acoustical problem. The motion was seconded by CUSS ACOUSTICAL Vice Mayor Moore. PROBLEM - COMMUNITY CENTER President Pro Tem Nolan moved that we engage Robert Holley & ROBT. HOLLEY & Associates to delve into the acoustical problems at the North ASSOC. ENGAGED FOR Palm Beach Community Center, with the fee and costs not to exceed ACOUSTICAL PROBLEMS $1,500.00, to be expended from Account No. 31-572-888-66213 AT COMMUNITY CENTER (Community Center). The motion was seconded by Councilman Mundt and passed unanimously. There being no further business to come before the Council, the ADJOURNMENT meeting was adjourned at 9:30 p.m. Minutes recorded by: ~i-c-~-t-~o `1~~%~~~-~' ~ ~ ~- Dolores R. Walker, CMC, illage Clerk ~ . ~. M E M O R A N D U M T0: MAYOR & VILLAGE COUNCIL FROM: RAY HOWLAND, VILLAGE MANAGER SUBJECT: COX & PALMEk ARBITRATION SETTLEMENT DATE: MAY 7, 1985. It--is my understanding from a brief conversation with Herb Gildan today that the .attorney for Ed Cox has offered a settlement which includes an immediate $15,000 cash payment, $1,000 or $2,00(J per month to pay off-the balance, plus the payment of full attorney's fees. and .interest. If Herb can get this together in writing by Thursday he will-bring it to the Council meeting. If that is the case, I would definitely recommend that we put it on the agenda. for discussion. So far this is better than the zero we have been batting with Cox and may be the acceptable route; however, we will wait and see what we have Thursday evening. RH:sh cc: Charles R. O'Meilia Joan Bernola