Loading...
09-13-1990 VC REG-MOF REGULAR SESSION OF THE OF NORTH PALM BEACH, HELD 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 members of the Council and the staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Gardner gave the invocation and Mayor Marks led the Council and the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Minutes of Regular session held Thursday, August 23, 1990 were approved as written. A corrected copy of the North Palm Beach Country Club Rate Schedule for the Golf Course will be attached to these minutes. following minutes were accepted as Zoning Board of Adjustment Minutes of Code Enforcement Board Meeting held August 6, accepted with corrections: Recreation Advisory Board Meeting held August Minutes of Regular Meeting of Country Club Advisory Board held August 22, 1990 RECOMMENDATIONS OF ADVISORY BOARDS President Pro Tem Pierman moved to accept the recommendation o£ the Country Club Advisory Board that the WGA Fall Classic (November 14, 15, 16, 1990) and the WGA Championship (March 13, 14 and 15, 1491) be approved. The motion was seconded by Vice Mayor Gardner and all present voted aye. President Pro Tem Pierman moved to accept the recommendation of the Country Club Advisory Board that the Special Events Contract, in its final form, be adopted for immediate use. The motion was seconded by Vice Mayor Gardner. Councilman Moore moved to amend the motion as follows: Fill in Item Nos. 3, 4 and 5 with the appropriate figures which were approved by the Council for green fees and cart fees, and delete No. 6 and change No. 7 to No. 6; and in Item No. 4, change the word "summer" to "off season." The motion was seconded by Councilman Grinn and passed 3-2, with Vice Mayor Gardner, Councilman Moore and Councilman Grinn voting aye and Mayor Marks and President Pro Tem Pierman voting nay. Minutes of Regular Session Held Thursday, September 13, 1990 Page 2 Thereafter Council voted on the main motion, as amended, and all present voted aye. Councilman Moore moved that the recommendation of the Country Club Advisory Board that the Arthritis Foundation Charity Card be accepted, with no stated limits, 24 hours in advance tee times, and ' adherence to the dress code be denied until it is corrected. The motion was seconded by President Pro Tem Pierman and failed 2-3, with Councilman Moore and Councilman Grinn voting aye, and Mayor Marks, Vice Mayor Gardner and President Pro Tem Pierman voting nay. vice Mayor Gardner moved that the Arthritis Foundation Charity Card be accepted for off season play, with no stated limits, 24 hours in advance tee times, and adherence to the dress code. Mayor Marks passed the gavel to President Pro Tem Pierman and seconded the motion. The motion passed 3-2, with Mayor Marks, Vice Mayor Gardner and President Pro Tem Pierman voting aye and Council Moore and Councilman Grinn voting nay. President Pro Tem Pierman returned the gavel to Mayor Marks. BILL 622 PLACED ON FIRST READING President Pro Tem Pierman moved that Bill No. 622 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, FOR STORM WATER MANAGEMENT THROUGHOUT ALL AREAS OF THE VILLAGE INCLUDING ALL E%ISTING, NEW AND REDEVELOPED DEVELOPMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN ' EFFECTIVE DATE be placed on first reading and read by title alone. The motion was seconded by Vice Mayor Gardner. Councilman Moore moved to amend Bill No. 622 as follows; The wording in Section 2, after the word "Village" should read, "and shall pertain to all new and existing areas that are redeveloped." The wording "new and existing areas that are redeveloped" should also appear in the title after the word "including." The motion was seconded by Councilman Grinn and all present voted aye. Thereafter Council voted on the main motion, as amended, and all present voted aye. BILL NO. 623 PLACED ON FIRST READING Vice Mayor Gardner moved that Bill No. 623 entitled: AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING BUDGETS FOR THS FISCAL YEAR OCTOBER 1, 1990, TO SEPTEMBER 30, 1991, 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 Councilman Grinn. Councilman Grinn moved to amend Bill No. 623 as follows: Roman Numeral i, third line, delete "Village's objectives" and the comma, and then after "expenditures," add "Those sections which are headed major changes, performance data, goals, objectives, personnel summaries are reflections of the individual departments and are not necessarily endorsed by the Council. The village Manager's budget message is not necessarily endorsed by Council." The motion was seconded by Councilman Moore and failed 2-3, with Councilman Moore and Councilman Grinn voting aye, and Mayor Marks, Vice Mayor Gardner Minutes of Regular Session Held Thursday, September 13, 1990 Page 3 and President Pro Tem Pierman voting nay. Councilman Grinn and councilman Moore referred to other changes that had to be made in the budget. Mayor Marks asked for Council concurrence to wait until the workshop session scheduled for Wednesday, September 19, 1990 to go over the budget and make the ' necessary changes, so that Council could put Bill No. 623 on first reading tonight. Council agreed to do this. Thereafter Council voted on the main motion and all present voted aye. BILL NO. 624 PLACED ON FIRST READING Councilman Grinn moved that Bill No. 624 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, DOCKS AND PIERS OF CHAPTER 5, BOATS, DOCKS AND WATERWAYS IN THE VILLAGE OF NORTH PALM BEACH CODE, TO MODIFY THE REQUIRED CONFIGURATION OF PIERS AND WAVE BREAKS IN LAKE WORTH AND TO CHANGE CERTAIN TECHNICAL AND ENGINEERING CONSTRUCTION AND DESIGN REQUIREMENTS OF MARINE STRUCTURES IN VILLAGE WATERWAYS be placed on first reading and read by title alone. The motion was seconded by Councilman Moore. Councilman Moore moved to amend Section 7 (5) of Bill No. 624 to read as follows: "Piers may be constructed with "L" heads or "T" heads of fifty feet. A finger pier shall not exceed twenty two feet in length and a maximum of feet in width," and delete the six feet reminder and a minimum of three of Section 7 (5). The ' motion died for lack of a second. Thereafter Council voted on the main motion, which passed unanimously. RESOLUTION NO. 20-90 ADOPTED Vice Mayor Gardner moved that Resolution No. 20-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ESTABLISHING A RESERVE ACCOUNT FOR GAS TANK LEAK AND ALLOCATING FUNDS FROM 1989-90 FISCAL YEAR GENERAL FUND BUDGET TO THS SAID RESERVE be adopted. 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. RESOLUTION NO. 21-90 ADOPTED Councilman Grinn moved that Resolution No. 21-90 entitled: ' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ESTABLISHING A RESERVE ACCOUNT FOR GAS TANK LEAK AND ALLOCATING FUNDS FROM 1989-90 FISCAL YEAR COUNTRY CLUB BUDGET TO THE SAID RESERVE be adopted. The motion was seconded by President Pro Tem Pierman and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. RESOLUTION NO. 22-90 ADOPTED Vice Mayor Gardner moved that Resolution No. 22-90 entitled: Minutes of Regular Session Held Thursday, September 13, 1990 Page 4 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, CERTIFYING THAT MONIES FROM THE EMS GRANT WILL IMPROVE AND EXPAND PRE-HOSPITAL SERVICES IN THE VILLAGE OF NORTH PALM BEACH AND THAT THE GRANT MONIES WILL NOT BE USED TO SUPPLANT EXISTING PROVIDER'S EMS BUDGET ALLOCATION ' be adopted. The motion was seconded by President Pro Tem Pierman and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. RECESS The meeting was recessed at 9:30 p.m. and was reconvened at 9:42 p.m. SIGN PERMIT APPEAL - SUN BANK Councilman Grinn moved to reject the appeal from the Sun Bank regarding both sign requests. The motion was seconded by Councilman Moore. During the discussion Councilman Moore withdrew his second. Thereafter Councilman Grinn made the following motion: That we reject the appeal from the Sun Bank on the directional signs. The motion died for lack of a second. Vice Mayor Gardner moved that we accept the signs as presented by Sun Bank. The motion died for lack of a second. ' President Pro Tem Pierman moved that we sustain the decision of the Planning Commission on the directional signs for Sun Bank. The motion was seconded by Vice Mayor Gardner and passed 4-0, with Councilman Moore abstaining due to a conflict of interest. Mayor Marks passed the gavel to Vice Mayor Gardner and made the following motion: That we do not accept the Planning Commission's decision not to approve the free standing sign for Sun Bank and authorize the sign. The motion was seconded by Vice Mayor Gardner and failed 1-3, with Mayor Marks voting aye and Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting nay, and Councilman Moore abstaining due to a conflict of interest. Vice Mayor Gardner returned the gavel to Mayor Marks. TOKEN MACHINE - DRIVING RANGE - NORTH PALM BEACH COUNTRY CLUB Vice Mayor Gardner moved that we transfer $2,100.00 from Rental Equipment (L8047-34420) to Machinery & Equipment (L8048-66490) for purposes of establishing line item and funds to purchase token dispensing machine for the Driving Range. The motion was seconded by President Pro Tem Pierman. During the discussion President Pro Tem Pierman withdrew her second and Vice Mayor Gardner withdrew his motion. ' Councilman Moore moved that we do not buy a token machine. The motion was seconded by Councilman Grinn and all present voted aye. MEN'S GOLF ASSOCIATION PROPOSED TOURNAMENT SCHEDULE Councilman Moore moved to approve the revised MGA tournament schedule for Fiscal Year 1990-91. The motion was seconded by Councilman Grinn. President Pro Tem Pierman moved to amend the motion as follows: That we change the dates from October 15 (Monday) to October 18 (Thursday) and January 14 (Monday) to January 17 (Thursday) for ~. Minutes of Regular Session Held Thursday, September 13, 1990 Page 5 Palm Beach County tournaments. The motion was seconded by Vice Mayor Gardner and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. Thereafter Council voted on the main motion, as amended, which ' passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. RECESS Due to the eleven o'clock curfew, Council recessed this meeting until Wednesday, September 17, 1990 at 7:30 p.m. Dolores R. Walker, CMC, Village Clerk l__. - ~ .~ ~ i K FOR TSS RECORD MSNUTE3 OF SEPT. 13, 1940 REGULAR SESSION RESOLUTIONS REFERRED TO IN THS HINIITSS OF THIS RESTING THAT WSRS NUMBERED 20, 21 AND 22, RSSPECTIVSLY, WERE RSIIUMBERED 22, 23 AND 24 RSSPSCTIVSLY. THEREFORE, RESOLUTION NO. 20 IS NOW RSFLECTSD TO BE NO. 22; RESOLUTION NO. 21 IS NOW REFLECTED TO BS NO. 23; AND RESOLUTION NO. 22 IS NOW REFLECTED TO BS RESOLUTION 24. FCJRI`~lll'$~ MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1:\Sl' NAhlh-I'IRST NAM1Iii-hiIDDI L: NAMI: _ NAM[ OP 8l)ARU, ('(A1NC'I L, (.'QhI hIISS10N, All'rHURI'r Y, OK CUMMIT'I'tE Moore Alvin C. V111dge Council ,North Palm Beach MAf LING :\UUR1l5S THE ROARU. C'Ol1N('I L, COMMISSION, AUTHORITI'_OR C'OMMITT GE ON 437 Oyster Rodd wrlu'tl I sEave Is A uNIT or•: CI'T'Y ~+ C'OU N'I'Y :: OTHER LOCAL ACiENC'1' CITY ('OtI N'I'T NAMC OP POLI'TIC'AL SU6DIV ISIUN: _ _ North Palm Beach Palm Beach. Vi l7 age of North Palm Beach DATE ON \CHl('H \'OI'E OC'C'IINRLU MY POSITION IS: Sept. 13, 1990 P.LLC'TIVE ~( APPOI N'rIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, rouncil, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented \aitl) a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements ot'this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary geatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the.instnstions.on this form before complMing the r(wersc side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES BLE:CTP.D OFFICERS: A person holding dcctivc county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on \ahicl) you are abstaining from eoting; and WITHIN t3 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording [he minutes of the meeting, who should incorporate the form in d1e minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure \vhich inures to the special gain.of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT R'HICH THB VOTE WILL BE TAKEN: • loo should complete attd file this Form (before n)aking any attempt to influence the decision) \vith the person responsible for recording the minutes of the meeting, who will incorporate [he form in the minutes. • A copy of the form should be provi(led immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1F YOU MAKE NO ATTEMPTTO INFLUENCETHE DECISION EXCEPT BY llISCUSSION OR ROTE ~"i "il-i,E. MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with ttte person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. Alvin C. Moore DISCLOSURE OF STATE OFFICER'S 1NTERES7 September 13 ,hereby disclose that on _ (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured [o the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows:• 90 19 by whom I am retained. There is no direct nor indirect interest in the business. However, I am an employee of Community Savings. $eptembei 14, 1910 Date Filed ~..~._-~eJZ~~ Signature NOTICE: UNDER PROVIS10tJS OF FLORIDA STATU'iES §1(2.317 (1985), A FA]LURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ON8 OR MORE OFTHE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION W SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE rOkAt %a - 10~%fi