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01-10-1980 VC REG-MMINUTES OF REGULP.R SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD TH[JRSDAY, JANUARY 10, 1980 Present: W. H. Brown, Mayor Patsy B. Love, President Pro Tem V. A. Marks, Councilman Al Moore, Councilman ' Herbert L. Gi1dan, Village Attorney Paul J. Nicoletti, Village Manager Dolores R. Walker, Village Clerk Absent: Donald J. Kazimir, Vice P4ayor Mayor Brown called the Regular Session to order at 7:35 p.m. ROLL CALL A11 members of the Council were present except Vice Mayor Kazimir. Cotncilman Marks gave the invocation and Councilman Moore led INVOCATION & the Council and the public in the Pledge of Allegiance to the PLIDGE OF Flag. ALLEGIANCE The Minutes of Regular Session held Thursday, December 13, APPROVAL OF 1979 stand as prepared. MIN[TPES Mayor Brown, on behalf of the Village, presented awards to PRESENTATION winners of the Christmas Decoration Contest who were present OF CHRISTMAS to receive them. The checks will be mailed to those winners DECOP~ATION CON- who were not in attendance. TEST AWARDS ' Mayor Brown, on behalf of the Village, presented Certificates PRESENTATION OF of Appreciation to members of Explorer Post 911 and Post CEYS'IFICATES OF Adviser, Clay Walker, for being instnunental in prating APPRECIATION and making the Village of North Pa]m Beach Fishing Tourna- TO N~ERS OF ment of October 27 and 28, and November 3 and 4, 1979 a E~LORER POST success. 911 Councilman Marks moved that we place at the end of our MOTION DIED FOR regular session agenda the matter of dividing the Village - LACK OF A SECOND into districts. The motion died for lack of a second. However, this item was placed at the end of the workshop session agenda. The Minutes of Regular Meeting of Recreation Advisory Board ACCEPTANCE OF held Novenber 13, 1979 stand as prepared. MINUTES The Minutes of Regular Meeting of North Palm Beach Country Club Advisory Board held December 18, 1979 stand as prepared. The Minutes of Narth Palm Beach Library Advisory Board Meeting held December 11, 1979 stand as prepared. Councilman Marks moved that we approve the recommendation of LIBRARY AD. BD. the North Palm Beach Library Advisory Board that smoking be REC~7ENDATION prohibited in the Meeting Room/Conference Room. The motion FAILED 2-2 was seconded by President Pro Ten Love and failed 2-2, with Councilman Marks and President Pro Ten Love for and Mayor Brown and Councilman Moore opposed. Minutes of Regular Session Held Thursday, January 10, 1980 Page 2 It was the consensus of the Council that no action was necessary concerning the Library Board recommendation that Council hold in abeyance any action regarding participation in the County Library System, and that they contact the Commission regarding imre specific information on County Resolution No. R-79. Mr. Jerry Brownlee, Director of the Palm Beach County Library ' system, appeared before Council on December 13, 7.979 and submitted a proposal; therefore, it is already a completed action. On motion of President Pro Tem Love, seconded by Councilman Marks, all present voting aye, Bill No. 342 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FIARIDA, AMENDING CHAPTER 6 OF THE VILT4GE OF NORTH PALM BEACH CODE, THE BUILDING CODE FOR THE VILLAGE, BY DELETING SECTION 107.4 OF SECTION 6-17, SCI~DULE OF PERMLT FEES, CHARGES AND EXPENSES AND SUBSTITUTING NEW SECTION 107.4 was placed on first reading and read by title alone. Councilman Moore moved that Resolution No. 1-80 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VTf•TAC;F'• OF NORTH PALM BEACH, FLORIDA, SUPPORTING THE PUBLIC ACQUISITION OF THE ENTIRE AREA OF THE VILLAGE OF NORTH PALM BFACH LYING BETWEEN LAKE NORTH AND THE ATLANTIC OCEAN BY A GOVII7iAL ENTITY FOR THE USE ' AND ENJOY[~NT OF THE PUBLIC AS THE AREA IS GENERALLY NOW CONSTITUTID AND USID be adopted as read. The motion was seconded by President Pro Tem Love. Vice Mayor Kazimir requested that, in his absence, Mayor Brown read his Statement for the Record as follows: "As I have stated publicly many times, I believe that the Air Force Beach/Barrier Island property should remain as is -- undeveloped with the exception of a small parking area near Air Force Beach. If this cannot be achieved, and the property owner goes ahead with development, then we should strive to keep the wetlands under public ownership. This would result in a small, single-family development in the uplands area -- well away from the mangroves. The question is, how do we achieve this? One possibility is condemnation by the County. This would probably entail a long court battle, with the jury finally deciding what the County will have to. pay for the land should they win the case. Of course, during this court battle most of the re- maining beach bond mmney will be held in escrow pending the ' outcome of the case. I voted for the beach bond issue and I watched the cost of beaclifront land increase during the time that fifty million dollars was tied up in a ridiculous court battle. As a County resident, I want to see as much public ownership of beachfront property as possible: There- fore, it is important for the County to buy beach property now and not let the money sit in escrow during a condemnation. battle. NO ACTION NECESSARY ON LIBRARY AD. BD. RECO~IA4TION BILL 342 PLACID ON 1ST READING N%)TION TO ADOPT RES. 1-80 VICE MAYOR KAZI.~ID2' S $TATFT~IF'NT FOR THE RECORD Minutes of Regular Session Held Thursday, January 10, 1980 Page 3 As it stands now, Bankers Life has stated that they will donate Air. Force Beach to the Village and that the wetlands will be "dedicated" to the Village. This, in effect, gives the Village full control of the environmentally sensitive wet- lands. Since Air Force Beach will be donated, the County can use our beach bond money elsewhere. ' One more point, the area available for development in the barrier island is small -- not many homes can be built there. Development by Bankers Life will be costly and one wonders i.f it is a good business decision, especially since the area will always be a haven for mosquitoes and sand fleas. As a businessman, it seems to me that Bankers Life would be better off to sell the entire parcel to the County. This would e1~m~nAte a lot of headaches and bring in a good deal of cash that could be used to develop other areas owned by Bankers Life that are more feasible for development." Councilman Moore moved to amend the motion as follows: Nft~TION AMENDID That in Section 1, after the ward "Ocean" we delete "by any feasible means, including condemnation of said property." The motion was seconded by President Pro Tem Love and all present voted aye. Thereafter Council voted on the main motion which passed un- MAIN MOTION animously. Therefore, Resolution No. 1-80 was adopted as PASSID 4-0 amended. On motion of Councilman Moore, seconded by President Pro Tem RES. 2-80 Love, all present voting aye, proposed Resolution No. 2-80 ADOPTID entitled: ' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, REPEALING RESOLUTION N0. 50-79 WHICH ACCEPTID FLORIDA , THE BID OF KING'S NURSERY FOR 26,000 SQUARE FEET 328 BII2NIIJDA SOD AT $0.1799 (OSBORNE PARK)_ IN THE AMOUNT OF $4,677.40 FR~'I ACCOUNT N0. 71-581-63.72 was read in full and adopted as read as Resolution No. 2-80. On motion of Councilman Marks, seconded by President Pm RES. 3-80 Tem Love, all present voting aye, proposed Resolution No. ADOPTID 3-80 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE ANNUAL CONTRACT'S LET BY PATS~I BEACH COUNTY FOR. VARIOUS PUBLIC Lv~RKS MATERIALS, AND PROVIDING AN EF'FECT'IVE DATE was read in full and adopted as read as Resolution No. 3-80. On motion of Councilman Moore, seconded by Councilman Marks, RES. 4-80 all present voting aye, proposed Resolution No. 4-80 entitled: ADOPTID A RESOLUTION OF THE VIISAGE COUNCIL OF NORTH PALM BEACH, FLORIDA., ACCEPTING THE BID OF KING'S NURSERY FOR 24,000 SQUARE FEET FLORITAN AT $0.1199 (ATamrAnm4 ' PARK) IN THE AMOUNT OF $2,877.60 FRC1vI ACCOUNT N0. 71- 581-63.73 was read in full and adopted as read as Resolution No. 4-80. Minutes of Regular Session Held-Thursday, January 10, 1980 Page 4 On motion of President Pro Tem Love, seconded by Councilman. RES. 5-80 Marks, all present voting aye, proposed Resolution No. 5-80 ADOPTID entitled: A RESOLUTION OF THE VTT.TA(;F: COUNCIL OF NORTH PALM BEACH, ' FLORIDA, DECLP.RING THE IlVTENTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH Tn APPLY TO THE LOCAL GOVERI~PZQVT C~REHENSIVE PLANNING ACT ASSISTANCE FUND PROGRAM FOR FINANCIAL ASSISTANCE IN COMPLETING THE FT•~S OF PLANS REQUIRID BY THE LOCAL GOVERNNIENI' C~REHEiVNSTVE PLANNING ACT OF 1975 was read in full and adopted as read as Resolution No. 5-80. On motion of President Pro T~ Love, seconded by Councilman RES. 6-80 Marks - 3-1, with Councilman Moore opposed - proposed Resolu- ADOFTID tion No. 6-80 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PAT1K BEACH, FLORIDA, REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION PERI~T THE CLOSING OF AN OPENLiQG IN THE MEDIAN STRIP ON U. S. HIGHWAY ~~1 SOUTH OF PARI~R BRIDGE, DOWN AS STATION 86+00, AND REQUESTING THAT THAT AGENCY PERMIT THE INSTALLATION OF A LEFT TURN STORAGE LANE IN THE SOUTHBOUND LANE IN THE SAME M®IAN AT STATION 81+00 was read in full and adopted as read as Resolution No. 6-80. Councilman Marks moved that we approve paving the cart area APPROVAL - ' at the first tee at the North Palm Beach Country Club in the PAVING CART amotmt of $3,000.00 to be expended from Account No. 11.1-572- AREA - NPBCC 46.80. The motion was seconded by President Pro Tem Love and all present voted aye. President Pro Tem Love moved that we engage the Florida ~~TT~ LFAG~ League of Cities, Inc. to research those companies which OF CITIES EN- appear to be delinquent in license payments to the Village. GAGID RE The motion was seconded by Councilman Moore and all present DELII~TQUENP voted aye. LICENSE PAYMQ~LI'S President Pro Tem Love moved that we participate in the PARTICIPATION Florida Intergoverrunental Risk Management Association IN FIRMA (FIRMA) contingent upon the date that FIRMA is able to provide insurance coverage .for the Village, at which time we will cancel existing policies. The motion was seconded by Councilman Marks and all present voted aye. There being no further business to .come before the Council, ADJOURNMENT the meeting was adjourned at 9:25 p.m. Minutes recorded by: Dolores R. Wallcer, Village Clerk