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07-08-1976 VC REG-M MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD - THURSDAY, JULY S, 1976 Present: Mervin H. McIntyre, Vice M ayor _- -_ V. A. Marks, President Pro M. C. Love, Jr., Councilma Tem n Alvin C. Moore, Councilman Paul J. Nicoletti, Village Manager Herbert L. Gildan, Village Attorney Dolores R. Walker, Village Clerk Vice Mayor McIntyre called the Regular Session to ROLL CALL- - order at 7:30 p.m. All members of the Council were _ '- present. Councilman Marks gave the invocation and Councilman INVOCATION & Love led the Council and the public in the Pledge of PLEDGE OF Allegiance to the Flag. ALLEGIANCE On motion of Councilman Love, seconded by Councilman APPROVAL OF Marks, all present voting aye, the following minutes MINUTES were approved as written: Minutes of Regular Session held Thursday, June 24, 1976 Minutes of Public Hearing held Tuesday, Jame 29, 1976 ' Minutes of Special Session held Tuesday, June 29, 1976 On motion of Councilman Marks, seconded by Councilman ACCEPTANCE OF Love, all present voting aye, the following minutes - MINIITES were accepted by the Council: Minutes of Regular Meeting o£ Country Club Advisory Board held June 16, 1976 Minutes of Special Meeting of Community Appearance - Board held June 22, 1976 Councilman Love moved that the recommendation contained REC. AD. BD. in the minutes of the Recreation Advisory Board meeting RECCMMENDATION held May 11, 1976 that all money budgeted for the im- TABLED provements to St. C1areTs property not spent during 1976 be retained in 1977 for completion of the entire project by April 1, 1977 be tabled until we discuss it at our _ next workshop session and get the status of our revenue sharing accounts. The motion was seconded by Councilman Marks and all present voted aye. Concerning the recommendation contained in the minutes P & Z AD. BD. ' of the Regular Meeting of the Planning and Zoning Advisory RECOMMENDATION Board held June 9, 1976 that an ordinance permitting RE TENNIS COURTS tennis courts in residential zoning districts be drawn IN RESIDENTIAL DIST. and adopted as per the outline in the Tennis Advisory Board minutes of their June 1, 1976 mee'fin~, Councilman Marks moved that an ordinance be drafted for workshop discussion. The motion was seconded by Councilman Love and all-present voted aye. Minutes of Regular Session Held Thursday, July 8, 1976 Page 2 On motion of Councilman Marks, seconded by Councilman Love - 3 to 1, with Councilman Moore opposed - Bill No. 249 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET FOR FISCAL YEAR 1975-76 BY TRANSFERRING FUNDS FROM ACCOUNT N0. 40-500, RESERVE ACCOUNT, TO ACCOUNT N0. 31-406, CAPITAL OUTLAY, IN THE AMOUNT OF $894.00 was placed on second reading and read by title alone. On motion of Councilman Marks, seconded by Councilman Love - 3 to 1, with Councilman Moore opposed - Bill No. 249 was adopted as Ordinance No. 12-76. On motion of Councilman-Love, seconded by Councilman Moore, all present voting aye, Bill No. 250 entitled: BILL-249 PLACED ON 2ND READING BILL 249 ADOP'PED AS ORD. 12-76 BILL 250- _ ___ PLACED ON 2ND READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET FOR FISCAL YEAR 1975-76 BY TRANSFERRING FUNDS _ FROM ACCOUNT N0. 40-500, RESERVE ACCOUNT, TO __ _ ACCOUNT N0. 32-207, PLUMBING, HEATING AND AIR CONDITIONING, IN THE AMOUNT OF $1,000.00 was placed on second reading and read by title alone. On motion of Councilman Love, seconded by Councilman BILL 250 Marks, all present voting aye, Bill No. 250 was ADOPTED AS adopted as Ordinance No. 13-76. ORD. 13-76 On motion of Councilman Marks, seconded by Councilman Moore, all present voting aye, Bi11 No. 251 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 45-32(A)(7) OF THE VILLAGE OF NORTH PALM BEACH CODE BY PERMITTING PERSONS TO LIVE ABOARD BOATS IN WET STORAGE CC~IERCIAL MARINAS UNDER CERTAIN CONDITIONS, INCLUDING LIMITATION TO NOT MORE THAN TEN PERCENT OF DOCK SPACES BEING OCCUPIED FOR MORE THAN EIGHT MONTHS IN ANY TWELVE MONTH PERIOD, REQUIRING MARINA OWNERS/OPERATORS TO HAVE CURRENT LISTS OF PERSONS LIVING ABOARD BOATS IN MARINAS, REQUIRING COMPLIANCE WITH SEWAGE DISPOSAL SAFEGUARDS, AND SETTING FORTH OTHER REGULATIONS was placed on second reading and read by title alone. On motion of Councilman Moore, seconded by Councilman-- Marks, all present voting aye, Bill No. 251 was adopted as Ordinance No. 14-76. On motion of Councilman Love, seconded by Councilman Marks, all present voting aye, Bill No. 252 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET FOR FISCAL YEAR 1975-76 BY TRANSFERRING FUNDS FR~I ACCOUNT N0. 40-500, RESERVE ACCOUNT, TO ACCOUNT N0. 32-245, ENTERTAINMENT, IN THE AMOUNT OF $1,000.00 BILL 251 PLACED ON 2ND READING BILL 251 ADOPTED AS ORD. 14-76 BILL 252 PLACED ON 1ST READING was placed on first reading and read by title alone. Minutes of Regular Session Held Thursday, July 8, 1976 Page 3 1 On motion of Councilman Marks, seconded by Councilman Moore, all present voting aye, proposed Resolution No. 52-76 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, URGING THE TRANSFER OF PEANUT ISLAND FROM THE PORT OF-PALM BEACH TO PALM BEACH COUNTY FOR RECREATIONAL PURPOSES was read in full and adopted as read as Resolution No. 52-76. On motion of Councilman Moore, seconded by Councilman Marks, all present voting aye, proposed Resolution No. 53-76 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE SPECIAL ELECTION TO BE HELD ON SEPTEMBER 7, 1976; NAMING THE TIME AND PLACE WHERE SUCH ELECTION SHALL BE HELD; APPOINTING THE ELECTION OFFICIALS FOR THE SPECIAL ELECTION AND RUN-OFF ELECTION; DECLARING THE OFFICE TO BE FILLED AT SUCH ELECTION ~J was read in full and adopted as read as Resolution No. --- 53-76. RES. 52-76 ADOPTED RES. 53-76 ADOPTED Councilman Love moved that proposed Resolution No. PROPOSED RES. 54-76 be placed on the agenda at this time. The motion 54-76 PLACED was seconded by Councilman Moore and all present voted ON AGENDA aye. On motion of Councilman Marks, seconded by Councilman RES. 54-76 Moore, all present voting aye, proposed Resolution ADOPTED No. 54-76 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, DESIGNATING THE PAYING AGENT ON THE _ $210,000.00 VILLAGE REVENUE BOND ISSUE AND SETTING FORTH THAT IN VIEW OF THE RESIGNATION OF THE MAYOR OF THE VILLAGE OF NORTH PALM BEACH THAT MERVIN H. MC INTYRE, THE VICE MAYOR, SHALL ACT AS MAYOR AND SIGN THE BOND ISSUE AS MAYOR OF NORTH PALM BEACH IN ACCORDANCE WITH ARTICLE III, SECTION 3, OF THE VILLAGE OF NORTH PALM BEACH CHARTER 1 was read in full and adopted as read as Resolution No. 54-76. -- Councilman Marks moved that Sally Venzara be considered MOTION DIED -- for appointment to the Village Council, Group 5. The .FOR LACK OF motion died for lack of a second. A SECOND Councilman Moore moved that Herbert A. Watt be considered for appointment to the Village Council, Group 5 (until a Councilman is elected in accordance with Resolution No. 53-76). The motion was seconded by Councilman Marks and all present voted aye. Councilman Lave moved that we approve Section 7.07 of the Personnel Manual as recommended by the Village Manager. The motion was seconded by Councilman Marks and all present voted aye. HERBERT WATT APPOINTED TO COUNCIL, GROUF 5 SEC. 7.07 APPROVED (PERSONNEL MANUAL) a 1 Minutes of Regular Session Held Thursday, July 8, 1976 Page LF Councilman Love moved that we turn down the recommendation RECOMMENDATION to reinforce the library floor prior to remodeling of the TO REINFORCE basement. The motion was seconded by Councilman Marks LIBRARY FLOOR and all present voted aye. TURNED DOWN Councilman Moore moved that we submit to the County the Library Agreement as drawn up by the Village of North Palm Beach. The motion was seconded by Council- man Marks and all present voted aye. LIBRARY AGREE- MENT WI=TH PALM BEACH. COUNTY ____ There being no further business to come before the Council, on motion of Councilman Marks, seconded by Councilman Moore, all present voting aye, the meeting was adjourned at 9:03 p.m. ~~ ~ ~~ Minutes recorded by: Dolores R. Walker, Village Clerk ADJOURNMENT 1 1 4 ~ ~ THE PALM BEACH POST Published Every Weekday West Palm Beach, Palm Beach County, FIorida PROOF OF PUBLICATION STATE OF FLORSDA COiTNTY OF PALM BEACH Before the undersigned authority personally appeazed _-Frank-T._HartWell who on oath says that he is ACLVert1S].ri~ Iy'(~'Tr• of The Palm Beach Post, a daily newspaper published at West Palm Beach in Palm Beach Covnty, Florida; that the attach- ed copy of advertising, being a ...._Noti C e _---_-_~_ -- in the matter of ....._.Bill '....~.,T.2~~>•21~.~----------------°------- ------- in the_........ ------- __ Court, was published in said newspaper in the issues of J~2__2_~-s~7~.._---------------~---•----- Affiant further says that the Palm Beach Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that said newspaper has heretofore been continuously published in said Palm Beach County, FIorida, each weekday and has been entered as second class mail matter ax the post office in Wesx Palm Beach, in said Palm Beach County, Florida, for a period of one yeaz next preceding the firs[ publication of the attached copy of advertisement; and affiant further says that _he has neixher paid nor promised any person, firm or corporation any discount, rebate, commission or refund for. the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subsuibed before me this 21st day og June_~• A.D. 1976 NOTARY PUBLIC STATE Of FLORIDA at LARGE ,MY COMMISSION E%PVflEB JUNE 2, 18]$- eONDED 8Y AMERICAN BANKE85 !NSURANDE ro - ~- OATH OF OFFICE Village of North Palm Beach County of Palm Beach State of Florida I, Herbert A. Watt. do solemnly swear that I-will support and protect and defend the Constitution and the Government of the United States and of the State of Florida, against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same, and that I am entitled to hold office under the Constitution of the United States and the Constitution and Laws of the State o£ Florida, and that I will faithfully perform all the duties of the office of Councilman of The Village of North Palm Beach, Florida, upon which I am about to enter, so-help me God. Signed/ ~~G~~=27~ "` w ,,,+,ijy, ...~. ATTEST: Dated this 9th day of July 19 76 ~ l./ f-Gr~o ~ ~'/'' -