12-09-1993 VC REG-MMINUTES OF REGULAR SESSION
' OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, DECEMBER 9, 1993
Present: V. A. Marks, M. D., Mayor
Gail H. Vastola, Vice Mayor
Jeffrey H. Atwater, President Pro Tem
Tom Valente, Councilman
Judy M. Pierman, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Marks called the meeting to order at 7:30 p.m. All members
of Council were present. All members of staff were present.
Mayor Marks gave the invocation, and Councilman Pierman led 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 11/9/93
Minutes of Regular Session held 11/9/93
REPORT OF THE MAYOR
On behalf of the Village Council, Mayor Marks presented a plaque to
Jimmie Dunklin, an employee at the North Palm Beach Country Club,
in appreciation of his 30 years of service. Mayor Marks then
proclaimed Friday, December 17, 1993 as Jimmie Dunklin Day in the
Village of North Palm Beach.
STATEMENTS FROM THE PUBLIC
M. C. Love, Jr., 837 Anchorage Drive, addressed the Council
regarding a request by the Country Club Administrative Board that
he provide an additional notarized verification of employment
beyond the initial application in order to obtain a Saturday
morning tee-time. Mr. Love stated that only selected applicants
had been required to furnish this, and he felt that such a practice
is not only discriminatory, but questions his character. Mr. Love
' requested immediate action by the Council regarding this matter.
Vice Mayor Vastola moved to ask the Country Club Administrative
Board to honor the applications that were sent out to everyone,
without asking for additional verification or notarization, and to
Minutes of Regular Session
' Held Thursday, December 9, 1993
consider those signatures to be sufficient; to reinstate Saturday
starting times that were denied; and if a different process is
required next year, to address it at the annual membership renewal
date.
President Pro Tem Atwater seconded the motion.
By unanimous vote, the question was called, and the motion passed
4-1, with Vice Mayor Vastola, President Pro Tem Atwater, Councilman
Pierman and Mayor Marks voting aye, and Councilman Valente voting
nay.
PETITIONS AND COMMUNICATIONS
The following Minutes were received:
Minutes of General Employees' Pension Board Meeting held
10/19/93
Minutes of Country Club Administrative Board Meeting held
11/1/93
Minutes of Planning Commission Meeting held 11/2/93
Minutes of Country Club Administrative Board Meeting held
11/15/93
Minutes of Library Advisory Board Meeting held 1.1/23/93
The following Minutes were returned for correction:
Minutes of Recreation Advisory Board Meeting held 11/9/93 -
Formal motion and vote should be recorded to excuse absent
Board members.
BILL
AND ENACTED AS ORDINANCE 27-93 -
RECREATIONAL VEHICLES
President Pro Tem Atwater moved that Bill 731 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE VILLAGE CODE, CHAPTER 18, ARTICLE III,
SECTION 18-35, RECREATIONAL, BOATING, CAMPING EQUIPMENT;
PARKING ON RESIDENTIAL PROPERTY RESTRICTED; PROVIDING FOR
t CAPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
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Minutes of Regular Session
Held Thursday, December 9, 1993
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE VILLAGE
CODE; AND, PROVIDING FOR AN EFFECTIVE DATE
be placed on second reading and read by title alone. Vice Mayor
Vastola seconded the motion.
The motion passed 3-2, with President Pro Tem Atwater, Vice Mayor
Vastola and Mayor Marks voting aye, and Councilman Valente and
Councilman Pierman voting nay.
President Pro Tem Atwater moved that Bill 731 be enacted as
Ordinance 27-93. Vice Mayor Vastola seconded the motion. The
motion passed 3-2, with President Pro Tem Atwater, Vice Mayor
Vastola and Mayor Marks voting aye, and Councilman Valente and
Councilman Pierman voting nay.
BILL
SECOND READING
28-83 -
Vice Mayor Vastola moved that Bill 732 entitled:
' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ESTABLISHING WASTE DISPOSAL CHARGES FOR COMMERCIAL
PROPERTY FOR THE FISCAL YEAR 1993-94; PROHIBITING PRIVATE
REMOVAL OF WASTE WITH EXCEPTIONS; WASTE DISPOSAL FEES DUE
REGARDLESS OF VACANCY OR NON-USE OF PROPERTY; WASTE
DISPOSAL BILLING PROCEDURES; REPEAL OF ORDINANCE 18-92;
SEVERABILITY CLAUSE AND EFFECTIVE DATE
be placed on second reading and read by title alone. President Pro
Tem Atwater seconded the motion, and all present voted aye.
Vice Mayor Vastola
28-93. Councilman
voted aye.
BILL 733
moved that Bill 732 be enacted as Ordinance
Pierman seconded the motion, and all present
READING AND
26-93 -
ANNEXING BENJAMIN SCHOOL PARCEL
Councilman Pierman moved that Bill 733 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ANNEXING TO THE VILLAGE CERTAIN AREAS OF PROPERTY;
PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO
' BE ANNEXED; REDEFINING THS BOUNDARIES OF THE VILLAGE TO
INCLUDE SAID PROPERTY; AND PROVIDING AN EFFECTIVE DATE
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Minutes of Regular Session
Held Thursday, December 9, 1993
be placed on second reading and read by title alone. Councilman
Valente seconded the motion, and all present voted aye.
Councilman Pierman moved that Bill 733 be enacted as Ordinance 26-
93. Councilman Valente seconded the motion, and all present voted
aye.
ON SECOND READ
AS
Councilman Pierman moved that Bill 734 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
REZONING A RECENTLY ANNEXED 0.345 ACRE PARCEL OF LAND
LYING GENERALLY WEST OF U. S. NO. 1, (SR #5), NORTH OF
CAROLINDA DRIVE, EAST OF SLLISON WILSON ROAD FROM PALM
BEACH COUNTY ZONING DISTRICT CG TO NORTH PALM BEACH
ZONING DISTRICT R-2, MULTIPLE FAMILY DWELLING DISTRICT
be placed on second reading and read by title alone. Councilman
Valente seconded the motion, and all present voted aye.
Councilman Pierman moved that Bill 734 be enacted as Ordinance
29-93. President Pro Tem Atwater seconded the motion, and all
present voted aye. '
BILL 735 PLACED ON FIRST READING - CABLE TELEVISION RATE REGULATION
Councilman Valente moved that Bill 735 entitled:
AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA,
IMPLEMENTING CABLE TELEVISION RATE REGULATION WITHIN THE
VILLAGE CONSISTENT WITH FEDERAL COMMUNICATIONS COMMISSION
REQUIREMENTS; PROVIDING FOR SEVERABILITY; 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. Vice Mayor
Vastola seconded the motion, and all present voted aye.
BILL 736 TABLED INDEFINITELY - APPROPRIATING FUNDS FOR SHIRT SALES
PROGRAM
Vice Mayor Vastola moved that bill 736 entitled:
' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
4
Minutes of Regular Session
' Held Thursday, December 9, 1993
FISCAL YEAR 1993-94 TO APPROPRIATE FUNDS FOR SHIRT SALES
PROGRAM
be tabled indefinitely. The motion to table passed 5-0.
UTION 54-93 ADOPTED - APPOINTING
PLANNING
President Pro Tem Atwater nominated Christine M. Shalloway to the
Planning Commission. There being no other nominations, the name of
Christine M. Shalloway was entered into Resolution 54-93.
President Pro Tem Atwater moved that Resolution 54-93 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING A MEMBER TO THE PLANNING COMMISSION
be adopted. Vice Mayor Vastola seconded the motion, and all
present voted aye.
' RESOLUTION 55-93 ADOPTED - APPLICATION TO REGULATE CABLE T
RATES
Councilman Valente moved that Resolution 55-93 entitled:
A RESOLUTION OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THS MAYOR TO FILE AN APPLICATION
WITH THE FEDERAL COMMUNICATIONS COMMISSION (FCC) TO CERTIFY
THE VILLAGE TO REGULATE CABLE TELEVISION RATES AND PROVIDING
FOR SERVICE OF SAID APPLICATION UPON THE CABLE TELEVISION
OPERATOR DOING BUSINESS IN THE VILLAGE; AND PROVIDING FOR AN
EFFECTIVE DATE
be adopted. President Pro Tem Atwater seconded the motion, and all
present voted aye.
RESOLUTION 56-93 ADOPTED - REVIEW OF CABLE TELEVISION RATES
Councilman Valente moved that Resolution 56-93 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AUTHORIZING THE MAYOR TO FILE COMPLAINTS WITH FEDERAL
COMMUNICATIONS COMMISSION (FCC) TO INITIATE A REVIEW OF
THE REASONABLENESS OF UPPER TIER CABLE TELEVISION RATES
AND PROVIDING FOR SERVICE OF SAID COMPLAINTS UPON THS
CABLE TELEVISION OPERATOR DOING BUSINESS IN THE VILLAGE;
AND PROVIDING FOR AN EFFECTIVE DATE
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Minutes of Regular Session
Held Thursday, December 9, 1993
be adopted. Councilman Pierntan seconded the motion, and all
present voted aye.
RESOLUTION 57-93 ADOPTED - BID AWARD FOR POOL FILTERS
Councilman Valente moved that Resolution 57-93 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF STEPHSNSON POOL FILTERS,
PORT CHARLOTTE, FLORIDA, FOR TWENTY-NINE (29) BOWSSR
BRIGGS TYPE POOL FILTER ELEMENTS IN THE AMOUNT OF
$6,525.00; FUNDS TO BE EXPENDED FROM ACCOUNT L8051-66490
(POOL CAPITAL, MACHINERY & EQUIPMENT)
be adopted. Councilman Pierman seconded the motion.
During discussion, Councilman Valente requested that future bid
tabulation sheets contain a statement of the number of bids sent
out and how many are returned.
' Thereafter, the motion passed 5-0.
COUNTYWIDE LRW ENFORCEMENT MUTUAL AID AGREEMENT APPROVED
Vice Mayor Vastola moved to authorize the Mayor to enter into a
countywide law enforcement Mutual Aid Agreement on behalf of the
Village of North Palm Beach for combined operational assistance and
voluntary cooperation. President Pro Tem Atwater seconded the
motion, and all present voted aye.
TRANSFER
INCREASE FOR CER
Vice Mayor Vastola moved to grant a 3% pay raise retroactive to
5/5/93 to certain non-union Public Services employees, as
recommended by the Grievance Committee, funds to be transferred
from A5540-49915 (Raises & Benefits) to various Public Services
personnel accounts. Councilman Valente seconded the motion, and
all present voted aye.
ON OF DEPUT3i
DIRECTOR
vice Mayor Vastola moved to release the position of Deputy Public
Services Director from the hiring freeze in accordance with hiring
freeze policy dated 3/26/92 and adopted by Resolution 11-92.
Councilman Valente seconded the motion, and all present voted aye.
' Minutes of Regular Session
Held Thursday, December 9, 1993
SURPLUS EQUIPMENT AT NORTH PALM BEACH COUNTRY CLUB
Councilman Pierman moved that a Toro 72" Groundsmaster Out-Front
Rotary Mower and a John Deere 855 Tractor cutting unit at the North
Palm Beach Country Club be declared surplus equipment. President
Pro Tem Atwater seconded the motion, and all present voted aye.
ADJOURNMENT
There being no further business to come before the Council, the
meeting adjourned at 9:15 p.m.
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