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12-13-1990 VC REG-M 1 1 MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, DECEMBER 13, 1990 Present: V. A. Marks, M.D., Mayor Jerry G. Gardner, Vice Mayor Judy M. Pierman, President Pro Tem Manny Grinn, Councilman Al Moore, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Dolores R. Walker, Village Clerk ROLL CALL Mayor Marks called the Regular Session to order at 7:32 p.m. All members of the Council and the staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Marks gave the invocation and Vice Mayor Gardner led the Council and the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following minutes were approved as written: Minutes of Public Hearing held Thursday, October 25, 1990 Minutes of Regular Session held Thursday, November 8, 1990 Minutes of Special Meeting held Monday, November 19, 1990 REPORT OF THE MAYOR Mayor Marks, on behalf of the Village, presented Gift Certificates from Publix and Certificates of Appreciation to the following members of the Public Services Department, who have had twenty years or more of service with the Village of North Palm Beach: William G. Reinert, Jr., Willie Harris, Robert L. Clark, and Charles E. Clark. Mr. John Abosso, District Manager of the American Automobile Association of Palm Beach Gardens, presented the 1989 Pedestrian safety citation for North Palm Beach, Florida plaque to Director of ' Public Safety, Bruce Sekeres, who accepted it on behalf of the Village. Mayor Marks, on behalf of the Village, read and presented a Proclamation on "National Volunteer Blood Donor Month" to Mr. John ............._..... ~~~ ~/~ 9r Minutes of Regular Session Held December 13, 1990 Page 2 Flynn, President of Palm Beach Blood Bank. Mayor Marks, on behalf of the Village, read and presented a Proclamation on "Teller Appreciation Week" to Rizwana Khalid, a Vice President of Palm Beach County Chapter 148 of the Institute of Financial Education. Mayor Marks asked the Village Manager, Dennis Kelly, to read Resolution No. 37-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DEDICATING THE OFFICE OF THE VILLAGE CLERK IN HONOR OF DOLORES R. WALKER, CMC. Councilman Moore moved to adopt Resolution No. 37-90. The motion was seconded by President Pro Tem Pierman and all present voted aye. Mayor Marks, on behalf of the Village Council, presented a plaque to Dolores R. walker, CMC, dedicating the Office of the Village Clerk in her honor. This plaque will be placed on the wall outside the Village Clerk's Office at Village Hall. Mayor Marks, on behalf of the Village Council, presented a plaque to Dolores R. Walker, CMC, in appreciation of her twenty-four years of dedicated service as the Village Clerk. Mayor Marks, on behalf of the Village Council, read and presented a Proclamation to Dolores R. Walker, proclaiming December 28, 1990 as "Dolores R. Walker Day" in the Village of North Palm Beach. Several of the former Mayors of the Village; namely, Congressman Tom Lewis, Wally Colbath, M. C. Love, Jr., Al Moore, Bill Brown, Tom Valente, and Judy Pierman gave kudos to Dolores Walker, the retiring Village Clerk. Former Councilwoman Patsy Love, along with members of the present Council, also gave testimony and well wishes to her. VILLAGE CODE VIOLATION Mr. Gary Ouellette, 618 Shore Road, appeared before Council, and asked them to amend the sections of the Village Code pertaining to docks and bulkheads, and also running a business from a residential address, to make them more readily enforceable. Councilman Grinn moved that the Village Manager should look at this ' specific code violation (sec. 5-81, usage of private dock; and Sec. 45-36(f), no business, professional or otherwise, shall be carried on in any dwelling structure). The motion was seconded by President Pro Tem Pierman and all present voted aye. Minutes of Regular Session Held Thursday, Dec. 13, 1990 Page 3 ACCEPTANCE OF MINUTES The following minutes were accepted as written: Minutes of Workshop session of Police and Eire Pension Board held August 31, 1990 Minutes of Library Advisory Board Meeting held October 23, 1990 Minutes of Regular Meeting of Code Enforcement Board held November 5, 1990 Minutes of Public Hearing of Planning Commission held November 6, 1990 Minutes of Regular Meeting of Planning Commission held November 6, 1990 Minutes of Regular Meeting of Country Club Advisory Board held November 20, 1990 Minutes of Public Hearing of Planning Commission held December 4, 1990 Minutes of Regular Meeting of Planning Commission held December 4, 1990 REPORTS OF SPECIAL COMMITTEES AND RSCOMMSNDATIONS OF ADVISORY $OARDS Councilman Grinn moved to receive and file the recommendation of the Planning Commission that the Sanctuary Cove property be rezoned from R-1 to R-3 Zoning District with the following provisos: 1. The project to be platted. 2. The Village accept a 5-s cash payment for recreation use in lieu of a land dedication as per Section 36-23 of the Village Code. 3. Perimeter landscape berm required on north, east and south property lines. The motion was seconded by Councilman Moore and all present voted ' aye. Councilman Grinn moved that the Village Council direct the Planning Commission to review and recommend amendments to the Sign Code. The motion was seconded by President Pro Tem Pierman and passed 4- Minutes of Regular Session Held Thursday, Dec. 13, 1990 Page 4 1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. Councilman Moore moved to receive and file the recommendation of the Planning Commission that the Village annex Hidden Key Subdivision, Twelve. Oaks Condominiums and Portage Landing Subdivision. The motion was seconded by Councilman Grinn and all present voted aye. Councilman Moore moved to receive and file the recommendation of the Planning Commission that the Robalo Court area be rezoned from R-1 to R-2, and that the First Unitarian Church property be rezoned from R-1 to R-2 so that the zoning of the properties is compatible with the developed use. The motion was seconded by President Pro Tem Pierman and passed 4-1, with Vice Mayor Gardner, President Pro Tem Pierman, Councilman Moore and Councilman Grinn voting aye and Mayor Marks voting nay. R F.C'F.SS The meeting was recessed at 9:05 p.m. and was reconvened at 9:15 ' p m. RESOLUTION NO. 38-90 ADOPTED President Pro Tem Pierman moved that Resolution No. 38-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, DESIGNATING THE SHUFFLEBOARD COURTS LOCATED AT THE HERB WATT BUILDING AS THE PAUL W. BOSSI MEMORIAL SHUFFLEBOARD COURTS be adopted. The motion was seconded by Councilman Moore and all present voted aye. BILL NO. 630 ADOPTED AS ORDINANCE NO. 40-90 Vice Mayor Gardner moved that Bill No. 630 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FOR A FINE IN AMOUNT OF $10.00 FOR STOPPING, STANDING, AND PARKING IN VIOLATION OF PROVISIONS OTHER THAN HANDICAP PARKING PROVISIONS OF ARTICLE III OF CHAPTER 18 OF THE CODE OE ORDINANCES OF THE VILLAGE OF NORTH PALM BEACH; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN ' EFFECTIVE DATE be placed on second reading and read by title alone. The motion was seconded by Councilman Grinn and passed 4-1, with Mayor Marks, t Minutes of Regular Session Held Thursday, Dec. 13, 1990 Page 5 Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. Vice Mayor Gardner moved that Bill No. 630 be adopted as Ordinance No. 40-90. The motion was seconded by Councilman Grinn and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. BILL NO. 634 (ORDINANCE NO. 1-91) PLACED ON FIRST READING President Pro Tem Pierman moved that Bill No. 634 (Ordinance No.'1- 91) entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING TO THE VILLAGE CERTAIN AREAS OF PROPERTY; PROVIDING A LEGAL DESCRIPTION OF THS PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE TO INCLUDE SAID PROPERTY; CALLING FOR A REFERENDUM ELECTION IN THE VILLAGE AND WITHIN THE AREA PROPOSED TO BE ANNEXED; DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE REFERENDUM; AND PROVIDING AN ' EFFECTIVE DATE be placed on first reading and read by title alone. The motion was seconded by Vice Mayor Gardner and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. BILL NO. 635 NOT PLACED ON FIRST READING Vice Mayor Gardner moved that Bill No. 635 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB FUND BUDGET FOR FISCAL YEAR 1990-91 BY APPROPRIATION TRANSFER FROM THE COUNTRY CLUB CONTINGENCY TO PROMOTE NEW MEMBERS, GREEN FEE OPENING TIMES, AND DRIVING RANGE FOR THS GENERAL PUBLIC be placed on first reading and read by title alone. The motion died for lack of a second. RESOLUTION NO. 39-90 ADOPTED President Pro Tem Pierman moved that Resolution No. 39-90 entitled: ' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A VILLAGE CLERK FOR SUCH VILLAGE be adopted. The motion was seconded by Councilman Moore and all present voted aye. Minutes of Regular Session Held Thursday, Dec. 13, 1990 Page 6 RESOLUTION NO. 40-90 ADOPTED Councilman Moore moved that Resolution No. 40-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A VILLAGE HISTORIAN be adopted, with the name of James L. Gentemann, Jr. inserted in the resolution. The motion was seconded by President Pro Tem Pierman and all present voted aye. RESOLUTION NO. 41-90 ADOPTED Councilman Grinn moved that Resolution No. 41-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, IN OPPOSITION TO THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS VACATING, ABANDONING AND CLOSING A ROADWAY TWENTY FEET WIDE KNOWN AS GARDEN LANE LOCATED IN SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, WITHIN THE INCORPORATED LIMITS OF THE VILLAGE OF NORTH PALM BEACH, ' FLORIDA; DIRECTING THE VILLAGE CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THS BOARD OF COUNTY COMMISSIONERS AND SUCH OTHER PERSONS AS THE MAYOR MAY DIRECT; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. The motion was seconded by Councilman Moore and all present voted aye. CONFIRMATION OF EMPLOYMENT OF DEPUTY VILLAGE CLERK Councilman Moore moved to confirm the employment of Veronica E. Snyder as Deputy Village Clerk for the Village of North Palm Beach effective January 2, 1991, at a starting salary of $300.00 per week for fiscal year 1990-91. The motion was seconded by President Pro Tem Pierman and all present voted aye. LEASE EBTENSION AGREEMENT - ANCHORAGE PARK This item was removed from the agenda and will be placed the Janua,~ l~g„ar session agenda. ~~, ~O~yo BUDGET TRANSFER - MC DY AGREEMENT Councilman Moore moved to approve transfer of $491.00 from Account ' No. A5540-49911 (Council Contingency) to Account No. A6416-33190 (Other Professional Services) to budget the excess compensation per Dr. McCurdy's agreement, approved by the Village Council at its Special Meeting of November 19, 1990. The motion was seconded by President Pro Tem Pierman and all present voted aye. n ' Minutes of Regular Session Held Thursday, Dec. 13, 1990 Page 7 REJECTION OF BIDS - EKG MONITOR/DEFIBRILLATOR/PACER Councilman Moore moved to reject the bids for the EKG Monitor/Defibrillator/Pacer that were opened November 2, 1990 and authorize staff to re-bid this equipment. The motion was seconded by Vice Mayor Gardner. During the discussion, Council was advised that staff had already re-bid this equipment. Therefore, Vice Mayor Gardner withdrew his second and Councilman Moore withdrew his motion. Councilman Moore moved to reject the bids for the EKG Monitor/Defibrillator/Pacer that were opened November 2, 1990. The motion was seconded by Vice Mayor Gardner and all present voted aye. NAGE CONTRACT Councilman Moore moved to accept and ratify contract from National Association of Government Employees for fiscal years 1990-91 and 1991-92, and authorize the Mayor to sign said contract. The motion was seconded by President Pro Tem Pierman and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Co,}~ncilm~n Moore vy~ting aye and Councilman Grinn voting nay. L~+~x.C.~-~rst..~wl aQ.t~c~.v .~i-v //-tiGL /•.t ~ Z ~ / / INCREASE FOR ALL NON-UNION EMPLOYEES D President Pro Tem Pierman moved to approve a 7~ increase for all non-union employees retroactive to October 1, 1990. The motion was seconded by Councilman Moore and all present voted aye. COUNTRY CLUB RESTAURANT LEASE This item was removed from the agenda. A special Meeting will be held on Monday, December 17, 1990 at 6:30 p.m. for Council action on the Country Club Restaurant Lease. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:05 p.m. ~~ ~~~ ~ e Dolores R. Walker; CMC, Village Clerk OATH OF OFFICE _ State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, KATHLEEN F. KELLY do solenmly swear that I cvill 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 VILLAGE CLERK. 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. ~ _ _,. Sig ed - -.. Subscribed and sworn to before me this 13th day of December , 19 90 it NB7ARY PUBLIC STATE OF fLORIBA NY CBNNISSICN E%P, XAT 17,1991 BONBFO THRU GENERAL INS. UMO.