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HomeMy WebLinkAbout09-13-1990 VC REG-MPresent: ROLL CALL MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 13, 1990 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 Mayor Marks called the Regular Session to order at 7:30 p.m. All 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. ACCEPTANCE OF MINUTES The following minutes were accepted as written: Minutes of Zoning Board of Adjustment Meeting held July 24, 1990 Minutes of Code Enforcement Board Meeting held August 6, 1990 The following minutes were accepted with corrections: Minutes of Recreation Advisory Board Meeting held August 10, 1990 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 of the Country Club Advisory Board that the WGA Fall Classic (November 14, 15, 16, 1990) and the WGA Championship (March 13, 14 and 15, 1991) 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 EXISTING, 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 THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING BUDGETS FOR THE 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 six feet and a minimum of three feet in width," and delete the reminder 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 THE 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: 1 1 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 $2,100.00 from Rental Equipment (L8047-34420) to Machinery & Equipment (L8048-66490) for purposes of establishing line item and funds to purchase token dispensing machine for the Driving Range. The motion was seconded by President Pro Tem Pierman. During the discussion President Pro Tem Pierman withdrew her second and Vice Mayor Gardner withdrew his motion. Councilman Moore moved that we do not buy a token machine. The motion was seconded by Councilman Grinn and all present voted aye. MEN'S GOLF ASSOCIATION PROPOSED TOURNAMENT SCHEDULE Councilman Moore moved to approve the revised MGA tournament schedule for Fiscal Year 1990-91. The motion was seconded by Councilman Grinn. President Pro Tem Pierman moved to amend the motion as follows: That we change the dates from October 15 (Monday) to October 18 (Thursday) and January 14 (Monday) to January 17 (Thursday) for i 1 Minutes of Regular session Held Thursday, September 13, 1990 Page 5 Palm Beach County tournaments. The motion was seconded by Vice Mayor Gardner and passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. Thereafter Council voted on the main motion, as amended, which passed 4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and Councilman Grinn voting aye and Councilman Moore voting nay. RECESS Due to the eleven o'clock curfew, Council recessed this meeting until Wednesday, September 17, 1990 at 7:30 p.m. •- . )e- Dolores R. Walker, CMC, Village Clerk FOR THE RECORD MINUTES OF SEPT. 13, 1990 REGULAR SESSION RESOLUTIONS REFERRED TO IN THE MINUTES OF THIS MEETING THAT WERE NUMBERED 20, 21 AND 22, RESPECTIVELY, WERE RENUMBERED 22, 23 AND 24 RESPECTIVELY. THEREFORE, RESOLUTION NO. 20 IS NOW REFLECTED TO BE NO. 22; RESOLUTION NO. 21 IS NOW REFLECTED TO BE NO. 23; AND RESOLUTION NO. 22 IS NOW REFLECTED TO BE RESOLUTION 24. FORM'$B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 AST' NAME —I IRST NAME—MIDDI L: NAME NAME OP BOARD, COUNCIL., COMMISSION, AUTHORITY, OR COMMITTEE Moore Alvin C. ('Village Council , North Palm Beach MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE ON 437 Oyster Road WHICH( I SERVE IS A uhn OF: CITY X COUNTY : ' OMHER LOCAL AGENCY 1 CITY COU N'I'Y North Palm Beach Palm Beach DATE ON WHICH \'(1YE OCCURRED Sept. 13, 1990 NAME OE POLITICAL SUBDIVISION: Village of North Palm Beach MY POSITION IS: WHO MUST FILE FORM 8B ELECTIVE. X APPOINrIVE 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, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of 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 greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective 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 which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE -OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the 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 which 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 WHICH THE VOTE WILL BE TAKEN: • You should complete and file this Form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided 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. IF YOU MAKE NO ATTEMPT TO INFLUENCETHE DECISION EXCEPT BY DISCUSSION OR ROTE • 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 the person responsible for of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST Alvin C. Moore September 13 1, 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 to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows:• Date Filed AT THE MEETING: • recording the minutes 19 90 , by whom I am retained. There is no direct nor indirect interest in the business. However, I am an employee of Community Savings. September 14, 1990 (\ 0 Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM as - 10.86 P&CL