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04-26-1979 VC REG-MMINUTES OF REGULAR SESSION OF .THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, APRIL 26, 1979 Present: Donald J. Kazimir, Vice Mayor Patsy B. Love, President Pro Tem V. A. Marks, Councilman ' Al Moore, Councilman Thomas Yeager, Village Attorney Paul J. Nicoletti, Village Manager Dolores R. Walker, Village Clerk Absent: W. H. Brown, Mayor Vice Mayor Kazimir called the Regular Session to order at 7:30 p.m. All members of the Council were present except Mayor Brown. President Pro Tem Love gave the invocation and Councilman Marks led the Council and the public in the Pledge of Allegiance to the Flag. On motion of Councilman Marks, seconded by President Pro Tem Love, all present voting aye, the Minutes of Special Session held Wednesday, March 21, 1979 were approved as written. On motion of President Pro Tem Love, seconded by Council- ' man Moore, all present voting aye, the Minutes of Regular Session held Thursday, March 22, 1979 were withdrawn and are to be redone and brought back to the Council for approval at the Regular Session of May 10, 1979. On motion of Councilman Marks, seconded by President Pro Tem Love, all present voting aye, the Minutes of Special Session held Friday, April 13, 1979 were approved as written. Vice Mayor Kazimir read and signed the following Proc- lamations: Law Week - April 30, 1979 through May 4, 1979 Youth Week - Beginning May 1, 1979 Florida Family Energy Conservation Day - April 29, 1979 On motion of Councilman Marks, seconded by President Pro Tem Love, all present voting aye, the following minutes were accepted by the Council: Regular Meeting of North Palm Beach Contractors ' Board held March 13, 1979 Regular Meeting of North Palm Beach Country Club Advisory Board held March 20, 1979 Regular Meeting of North Palm Beach Library Board held March 27, 1979 Regular Meeting of Planning Commission held April 3, 1979 ROLL CALL INVOCATION & PLEDGE OF ALLEG IANCE APPROVAL OF MINUTES PROCLAMATIONS READ & SIGNED ACCEPTANCE OF MINUTES Minutes of Regular Session Held Thursday, April 26, 1979 Page 2 On motion-of President Pro Tem Love, seconded by Council- BILL 320 man Moore, all present voting aye, Bill No. 320 entitled: PLACED ON 2ND READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE VILLAGE OF NORTH PALM BEACH CODE, THE BUILDING CODE FOR THE VILLAGE, BY ADOPTING BY REFERENCE THERETO THE FLORIDA MODEL ' ENERGY EFFICIENCY CODE FOR BUILDING CONSTRUCTION, 1978 EDITION, INCLUDING ALTERNATE PAGE 1-2A, 1-4A, 5-15A, 5-16A AND 5-17A, 6-4A AND 6-SA, AND THE FEBRUARY 28, 1979 ADDENDA THERETO was placed on second reading and read by title alone. On motion of Councilman Moore, seconded by President BILL 320 Pro Tem Love, all present voting aye, Bill No. 320 was ADOPTED AS adopted as Ordinance No. 6-79. ORD. 6-79 On motion of Councilman Marks, seconded by President Pro BILL 321 Tem Love, all present voting aye, Bill No. 321 entitled: PLACED ON 2ND READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE VILLAGE OF NORTH PALM BEACH CODE, THE ELECTRICAL CODE FOR THE VILLAGE, BY ADOPTING BY REFERENCE THERETO THE NATIONAL ELECTRIC CODE, 1978 EDITION, AND SETTING FORTH AMEND- MENTS TO SAID NATIONAL ELECTRIC CODE was placed on second reading and read by title alone. ' On motion of President Pro Tem Love, seconded by BILL 321 Councilman Marks, all present voting aye, Bill No. ADOPTED AS 321 was adopted as Ordinance No. 7-79. ORD. 7-79 President Pro Tem Love moved that Bill No. 322 entitled: MOTION TO PLACE BILL AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, 322 ON 1ST FLORIDA, AMENDING SECTION 18-35 OF THE VILLAGE READING OF NORTH PALM BEACH CODE BI' LIMITING THE PARKING AND STORING OF MOTOR HOMES, VANS AND SIMILAR MOTOR VEHICLES IN SINGLE FAMILY AND DUPLEX RESIDENTIAL DISTRICTS AND SETTING FORTH CONDITIONS THEREFOR be placed on first reading and read by title alone. Councilman Moore moved to amend the motion as follows: BILL 322 That we remove Bill No. 322 from the Regular Session DEFERRED TO tonight and place it on ,our Workshop Session of May 5/10/79 10, 1979. The motion was seconded by Councilman Marks WORKSHOP and all present voted aye. President Pro Tem Love moved that Bill No. 323 entitled: MOTION TO PLACE BILL AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, 323 ON 1ST. ' FLORIDA, PROHIBITING PERSONS WHO WALK DOGS OFF THE READING FAILED PREMISES WHERE THE OWNER OF THE DOG RESIDES FROM PERMITTING SUCH ANIMAL TO DEFECATE UPON PROPERTY NOT OWNED BY THE PERSON WHO OWNS THE DOG OR THE PERSON WHO IS WALKING THE DOG, AND REQUIRING PER- SONS WHO WALK DOGS OFF THE PREMISES WHERE THE OWNER OF THE DOG RESIDES TO HAVE APPROPRIATE IMPLEMENTS TO SCOOP UP FECAL MATTER WHICH MIGHT BE DEPOSITED BY SAID DOG, TOGETHER WITH ADEQUATE CONTAINERS TO CARRY SAID FECAL MATTER BACK TO THE PRIVATE PROPERTI' OF THE OWNER OF SAID DOG OR THE PRIVATE PROPERTY OF THE PERSON WALKING SAID DOG be placed on first reading and read in total. Vice Mayor Kazimir passed the gavel to President Pro Tem Love and seconded the motion. The motion failed 2-2, with Vice Mayor Kazimir and President Pro Tem Love for and Council- man Marks and Councilman Moore opposed. Minutes of Regular Session- Held Thursday, April-26, 1979 Page 3 Councilman Marks moved to amend Bill No. 323 as follows: BILL 323 Delete Section 2 and the last one-half of the preamble AMENDED & of the bill and read the bill in total. The motion was PLACED ON seconded by Councilman Moore and passed unanimously. 1ST READING On motion of Councilman Moore, seconded by Councilman- RES. 2-79 Marks, all present voting aye, proposed Resolution No. ADOPTED ' 2-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF SMITTYTS SERVICE SHOP FOR ONE 16 H.P. AIR COOLED MOWING TRACTOR IN THE AMOUNT OF $2,567.00 FROM ACCOUNT N0. 36-572-64.50 was read in full and adopted as read as Resolution No. 2-79. Councilman Moore nominated Phyllis Axelrod to the APPOINTMENTS Library Advisory Board. Councilman Marks nominated Thelma TO LIBRARY Obert. President Fro Tem Love :nominated Agnes Rogers. AD. BD. Vice Mayor Kazimir nominated Dan Leickhardt. After the ballots were counted it was determined that Thelma Obert, Agnes Rogers and Dan Leickhardt were appointed to the Library Advisory Board. On motion of Councilman Marks, seconded by President RES. 3-79 Pro Tem Love,'-all present. voting aye, proposed Res- ADOPTED olution No. 3-79 entitled: ' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING riEMBERS TO THE LIBRARY ADVISORY BOARD OF THE VILLAGE OF NORTH PALM BEACH was read in full and adopted as read as Resolution No. 3-79. Vice Mayor Kazimir nominated Michael Amendola to APPOINTMENTS the Recreation Advisory Board. President Pro Tem TO REC. AD. BD. Love nominated Margaret Turney. Councilman Marks nominated Ed Skarin. There being no further nom- inations, Michael Amendola, Margaret Turney and Ed Skarin were appointed to the Recreation Advisory Board. On motion of Councilman Moore, seconded by President RES. 22-79 Pro Tem Love, all present voting aye, proposed Res- ADOPTED olution No. 22-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE RECREATION ADVISORY BOARD OF THE VILLAGE OF NORTH PALM BEACH was read in full and adopted as read as Resolution ' No. 22-79. Councilman Moore moved that Resolution No. 2-79 RESOLUTIONS be amended to 20-79 and that Resolution No. 3-79 2 & 3 AMENDED be amended to 21-79. The motion was seconded by TO 20 & 21 President Fro Tem Love and all present voted aye. Minutes of Regular Session- Held Thursday, April 26, 1979 Page tti Councilman Marks nominated William Black as the Architect for the Planning Commission and James Titzel as the Civil Engineer. There being no further nominations, Mr. Black and Mr. Titzel were appointed to the Planning Commission. ' Councilman Marks left the meeting at 9:00 p.m. Councilman Moore nominated Joie Chicchetti as the business person for the Planning Commission. President Pro Tem Love nominated Ronald Price. After the ballots were counted it was determined that Ronald Price was appointed to the Planning Commission as the business person. Councilman Moore nominated George Downing as an alternate for the Planning Commission. President Pro Tem Love nominated James Lonsdale. Vice Mayor Kazimir nominated Robert Russell. After the ballots were counted it was determined-that James Lonsdale was appointed as the first alternate and George Downing was appointed as the second alternate to the Plan- ning Commission. On motion of Councilman Moore, seconded by President Pro Tem Love, all present voting aye, proposed Res- olution No. 23-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIZ OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE PLANNING COMMISSION OF THE VILLAGE OF NORTH PALM BEACH was read in full and adopted as read as Resolution No. 23-79. Councilman Moore nominated Herb Kohl as the golf member and Harriet Nolan as the pool member for the Country Club Advisory Board. President Pro Tem Love nominated Jean Atherton as the golf member. Vice Mayor Kazimir nominated William McIlvaine as the pool member and R. H. Grant as the golf member. Council then voted on the golf members. There was a three way tie between Herb Kohl, Jean Atherton and R. H. Grant so Council had to vote again. The second vote also produced a three way tie. Council then decided to vote on all of the following at one time: Jean Atherton, Herb Kohl, William McIlvaine, Larry Klein, Harriet Nolan and R. H. Grant. After the ballots were counted it was determined that Herb Kohl, Larry Klein and William McIlvaine were appointed to the Country Club Advisory Board. On motion of Councilman Moore, seconded by President ' Pro Tem Love, all present voting aye, proposed Res- olution No. 24-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE COUNTRY CLUB ADVISORY BOARD OF THE VILLAGE OF NORTH PALM BEACH BLACK & TITBEL APPOINTED TO PLANNING CGMM. PRICE APPOINTED TO PLANNING COMM. LONSDALE APPOINTED 1ST ALTERNATE & DOWNING APPOINTED 2ND ALTERNATE TO PLANNING COMM. RES. 23-79 ADOPTED KOHL, KLEIN & MC ILVAINE APPOINTED TO CC AD. BD. RES. 24-79 ADOPTED was read in full and adopted as read as Resolution No. 24-79. Minutes of Regular Session Held Thursday, April 26, 1979 ~.-~a.. Page 5 ~ =~ President Pro Tem Love nominated Norman Bott for the BOTT, BORAX, North Palm Beach Board of Adjustment. Councilman Moore FOGG & nominated Jack Fogg and Alice Raum. Vice Kazimi.r nom- HOPKINS inated Hyman Borax and Percy Hopkins. After the ballots APPOINTED TO were counted it was determined that Norman Bott and Hyman NPB BOARD Borax were appointed to the North Palm Beach Board of OF ADJUSTMENT Adjustment as regular members. Jack Fogg was appointed ' as first alternate and Percy Hopkins was appointed as second alternate. On motion of President Pro Tem Love, seconded by Council- RES. 25-79 man Moore, all present voting aye, proposed Resolution ADOPTED No. 25-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE NORTH PALM BEACH BOARD OF ADJUSTMENT AND SETTING FORTH THEIR TERMS OF OFFICE was read in full and adopted as read as Resolution No. 25-79. There was no need for Council to vote on members for MC CARTHY, the North Palm Beach Contractors Board since there NEF£, LUCIDO were two terms expiring for regular members (Thomas & LESERRA McCarthy and Neal Neff) and two terms expiring for REAPPOINTED the alternate members (Vincent Lucido and William TO NPB CON- LeSerra) and all of these persons indicated a TRACTORS BD. desire to be reappointed to this board. Therefore, Thomas McCarthy and Neal Neff were appointed as regular members and Vincent Lucido was appointed as ' first alternate and William LeSerra as second alternate. On motion of Councilman Moore, seconded by President RES. 26-79 Pro Tem Love, all present voting aye, proposed Res- ADOPTED olution No. 26-79 entitled: A RESOLUTION OF ~ VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE CONTRACTORS BOARD OF THE VILLAGE OF NORTH PALM BEACH was read in full and adopted as read as Resolution No. 26-79. Councilman Moore moved that we do not implement the PREGNANCY Pregnancy Discrimination Act (PL95-555). The motion DISCRIMINATION was seconded by President Pro Tem Love and all ACT NOT IM- present voted aye. PLEMENTED There being no further business to come before the ADJOURNMENT 4ENT Council, on motion of President Pro Tem Love, seconded by Councilman Moore, all present voting aye, the meet- ing was adjourned at 9:45 p.m. ~~ ~~ Minutes recorded by: Dolores R. Walker, Village Clerk NOTE: A COPY OF ALL BALLOTS ARE ATTACHED TO THE MINUTES OF THIS MEETING. ADVISORY BOAR? :ALLOT 1. 2, 3. 4. 5. April 26, 1979 ~C./ PLANNING EOMMISSION ADVISORY BOARD BALLOT PLANNING 'COM,MISSION 2. /~~i ~ - 3 4. 5. April 26, 1979 `~ u~'~,y ADVISORY BARD BALLOT PLANNING COMhIISSION April 26, 1979 ..~ ~A.. `M.fs'-p`~-' ~~~~~~ ~. ~~y C ADVISORY BD?;RD BALLOT ' COUNTRY CLUB ADVISORY BOARD 1_ ~" ~.. ! z_ C ~ ~ _ 4. 5 d .Q.~..~~~_ ~~~~~~ April 26, 1979 ADVISORY B~}.~1~D BALLOT COUNTRY CLUB ADVISORY BOARD . .. 2. ~.A ~~ 2. ~~. o-C.~ F.. ~. ~. ~ J.P u~ 5 - ~.._. April 26, 1979 ' 1.i~i~e ~.A!'r'Kr ' w1~~~5 ADVISORY BARD BALLOT COUNTRY CLUB ADVISORY BOARD '~ ,, 1. ~ ~ / ~ v~c,,,,- z. )Cle~h 3. ~ C ~ a,....z'' ~, ..4 ~ ~_~ .. ~ . . April 26, 1979/ ' G~ ~l - _ ADVISORY'.EOARD BALLOT RECREATYOV ADVISORY BOARD 1- ~,,.,~: ~ G .~,..._... ~E..,C.~~ z. V~ ~ .~„ F ~. s_ a~'`M,~-o,~,~ April 26, 1979 'i ~ ADVISOR' ~OA~tI3 BALLOT NPB BOARD OF ADJUSTMENT i. ~S~r~ z. OSUt~' 3. ~ lo°~, ,~, ~S ~: ~ ~~ 5:_ ~`~Y- April 26, I979' . ADVISORY BO~RD,EALLOT NPB BOARD OF ADJUST~SENT 2. ~ ~ ~ r! ~"~' . 3. ~ ~ ~Q ~rEa/ - A P s. ~ } ~G f~..~. 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