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09-11-1986 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 11, 1986 Present: Craig Mundt, Mayor Tom Valente, Vice Mayor Kenneth H. Mays, D.M.D., President Pro Tem ' V. A. Marks, M.D., Councilman Judy M. Pierman, Councilman Raymond J. Howland, Village Manager Herbert L. Gildan, Village Attorney Absent: Dolores R. Walker, Village Clerk Mayor Mundt called the Regular Session to order at 7:30 p.m. All ROLL CALL members of the Council were present. All members of the staff were present except Dolores Walker, Village Clerk, who was on vaction. Mayor Mundt gave the invocation and President Pro Tem Mays led INVOCATION & the Counci 1 and the publ i c i n the Pledge of Allegiance to the PLEDGE OF Flag. ALLEGIANCE The Minutes of Regular Session held Thursday, August 28, 1986 were APPROVAL OF approved as written. MINUTES Mayor Mundt presented a Proclamation, declaring the week of PRESENTATION OF September 17-23, 1986 as Constitution Week, to Mrs. Ramsey. Mrs. PROCLAMATION - Ramsey stated there would be an ad sponsored by the Daughters of CONSTITUTION WEEK the American Revolution in next Sunday's Post Times listing all ' the municipalities that have proclaimed September 17-23, 1986 as Constitution Week. Councilman Marks proposed that next year for the 200th 200TH anniversary, we put on a real bang-up celebration in the Village ANNIVERSARY of North Palm Beach with an appropriate program, including CELEBRATION OF fireworks, etc. and stated we would appreciate Mrs. Ramsey CONSTITUTION working along with us on this project. She thanked Dr. Marks and stated that the "Daughters" would really love to work with North Palm Beach on doing that because for the next two years it is going to be Constitution all the way. The foregoing item will be placed on a future workshop session. The following minutes were accepted as written: ACCEPTANCE OF MINUTES Minutes of General Employees Pension Board Meeting Held July 22, 1986 Minutes of Regular Meeting of Planning Commission held August 5, 1986 _ _ Vice Mayor Valente stated that Mr. Gary Carothers had two GARY CAROTHERS' unexcused absences from Planning Commission meetings. He ABSENCES FROM ' suggested that a letter be written to Mr. Carothers concerning PLANNING COMM. these unexc used absences and ask him if he is still interested in serving on the Planning Commission. Mayor Mundt indicated he would draft such a letter. Councilman Marks gave a copy of the following letter to the COUNCILMAN Village Council, Village Manager and Village Attorney and he then MARKS' LETTER read it into the record: Minutes of Regular Session Held Thursday, September 11, 1986 Page 2 "September 10, 1986 Dear V. A.: As a friend, I think you should know about something that happened at yesterday's MGA luncheon at the Country Club. There was a table discussion of your opposition to the greenspace ordinance and someone said it may be due to the fact that Susan sells real estate. I'd sure like to see such thinking straightened out, especially if your vote tomorrow night continues to be in opposition. Best regards, John LaCerda" Councilman Marks proceeded as follows: "Mr. LaCerda, I would like for the record to read that you worked for one of the biggest real estate land developers in Florida at one time. Didn't you make a profit from real estate in the Village? Don't attack my wife. She has an inactive real estate license as well as many other individuals in this Village. My wife has already called him tonight. If everyone supported th Country Club and its restaurant like my wife and her family, we wouldn't need to worry about the club and the restaurant. She, as I do, realize what effect the Country Club and the other ' recreational areas have on real estate values in this Village. At no time have I ever, or my wife ever, expressed any desire to sell any property in this Village that are recreational properties, etc. I do not take to threats very easily. I resent threats. Others have informed me of your activity. Don't quote others. No one has ever worked harder to get and keep our recreational areas and so-called green spaces in this Village than I have. I resent the letter and I think it is a horrible display." Vice Mayor Valente moved that Bill No. 458 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF SAID VILLAGE A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, SAID AMENDMENT TO PROVIDE THAT THE SALE, LEASE OR IMPROVEMENT OF CERTAIN VILLAGE -OWNED REAL PROPERTY DEDICATED OR USED FOR PARK OR RECREATIONAL PURPOSES LOCATED WITHIN THE CORPORATE LIMITS OF THE VILLAGE CAN BE MADE ONLY AFTER APPROVAL BY A FOUR-FIFTHS MAJORITY VOTE OF THE VILLAGE COUNCIL AND AFTER THE APPROVAL OF 66 2/3 PERCENT OF THOSE VOTING BY A VOTE OF THE ELECTORS IN A REFERENDUM ELECTION CALLED AND HELD AS PROVIDED BY LAW; PROVIDING AN EFFECTIVE DATE SHOULD THE AMENDMENT TO THE CHARTER BE APPROVED AT SUCH REFERENDUM ELECTION; PROVIDING A ' SEVERABILITY CLAUSE, SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SAID REFERENDUM ELECTION, AND FOR OTHER PURPOSES be placed on second reading and read by title alone. The motion was seconded by Councilman Marks and passed 4-1, with Councilman Marks opposed. Vice Mayor Valente moved that Bill No. 458 be adopted as Ordinance No. 11-86. The motion was seconded by Councilman Pierman. BILL 458 PLACED ON SECOND READING MOTION TO ADOPT BILL 458 AS ORD. 11-86 Minutes of Regular Session Held Thursday, September 11, 7986 Page 3 Councilman Pierman moved to amend the motion as follows: MOTION TO AMEND ...after the approval of afour-fifths majority vote of the DIED FOR LACK OF entire Village Council. The motion died for lack of a second. A SECOND Thereafter Council voted on the main motion which passed 4-l, MAIN MOTION with Councilman Marks opposed. PASSED 4-1 ' Councilman Marks moved that Bill No. 485 entitled: BILL 485 PLACED ON AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, FIRST READING PRESCRIBING REASONABLE RULES AND REGULATIONS WITH REFERENCE TO THE PLACING AND MAINTAINING ALONG, ACROSS OR ON ANY ROAD UNDER THE JURISDICTION OF THE VILLAGE THE ELECTRIC TRANSMISSION, TELEPHONE, OR TELEGRAPH LINES, POLE LINES, POLES, RAILWAYS, DITCHES, SEWERS, WATER, HEAT, OR GAS MAINS, PIPELINES, FENCES, GASOLINE TANKS AND PUMPS, OR OTHER STRUCTURES, PURSUANT TO SECTION 337.401, FLORIDA STATUTES be placed on first reading and read by title alone. The motion was seconded by President Pro Tem Mays and passed unanimously. Vice Mayor Valente moved that Bill No. 489 entitled: BILL 489 PLACED ON FIRST AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, READING ADOPTING BUDGETS FOR THE FISCAL YEAR OCTOBER 1, 1986, TO SEPTEMBER 30, 1987, BOTH INCLUSIVE, FOR THE VILLAGE OF NORTH PALM BEACH GENERAL FUND, INCLUDING DEBT RETIREMENT, AND FOR THE NORTH PALM BEACH COUNTRY CLUB REVENUE FUND; AND REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE be placed on first reading and read by title alone. The motion ' was seconded by President Pro Tem Mays and passed unanimously. Councilman Marks moved that Resolution No. 17-86 entitled: MOTION TO ADOPT RES. A RE50LUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, 17-86 FLORIDA, OPPOSING THE PROPOSED AMENDMENT TO THE PALM BEACH COUNTY CHARTER CREATING A COUNTYWIDE PLANNING COUNCIL; REQUESTING OTHER MUNICIPALITIES IN PALM BEACH COUNTY, FLORIDA TO ADOPT SIMILAR RESOLUTIONS; AUTHORIZING THE VILLAGE CLERK TO FURNISH COPIES OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, TO THE PALM BEACH COUNTY MUNICIPAL LEAGUE, AND TO ALL OTHER MUNICIPALITIES IN PALM BEACH COUNTY; PROVIDING FOR AN EFFECTIVE DATE be adopted. The motion was seconded by Councilman Pierman. During discussion on the foregoing, Mayor Mundt passed the gavel to Vice Mayor Valente and informed the Council that he had talked to the Executive Director of the Palm Beach County Municipal League concerning their approval of the proposed amendment to the Palm Beach County Charter creating a Countywide Planning Council and he reiterated to the Council what he had been told by the Executive Director concerning what had transpired. MAYOR MUNDT'S DISSERTATION ON CONVERSATION WITH EX. DIRECTOR OF PALM BEACH COUNTY MUNICIPAL LEAGUE Thereafter the Council voted on the motion to adopt Resolution RES. 17-86 No. 17-86. The motion passed unanimously. ADOPTED Vice Mayor Valente returned the gavel to Mayor Mundt. Councilman Marks nominated Tom Valente for appointment as a TOM VALENTE regular member and Councilman Pierman as alternate member to the & JUDY PIERMAN Beaches and Shores Council. All members of the Council concurred APPOINTED REG & with these nominations. Thereafter the Chair called for the vote ALT MEMBERS, RE- on Councilman Mark's nominations and the Council voted SPECTIVELY, TO unanimously for the appointments. BEACHES & SHORES COUNCIL Minutes of Regular Session Held Thursday, September 11, 1986 Page 4 Councilman Pierman moved that we authorize the Mayor or Village Manager to write to the State concerning the lack of funds for completion of MacArthur State Park. Councilman Marks seconded the motion and requested that the Palm Beach County Legislative ' Delegation and the Board of County Commissioners receive copies of the letter so they are cognizant of what we are doing and to see if we can't expedite completion of this park. After discussion the Chair called for the vote on the motion, which passed unanimously. There being no further business to come before the Council, the meeting was adjourned at 8:25 p.m. Minutes recorded by:~~~~~ ~~~ Dolores R. Walker, CMC, Village Clerk 1 1 LETTER RE MONEY FOR MAC ARTHUR STATE PARK ADJOURNMENT