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06-14-1979 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JUNE 14, 1979 Present: W. H. Brown, Mayor Donald J. Kazimir, Vice Mayor Patsy B. Love, President Pro Tem ' V. A. Marks, Councilman Al Moore, Councilman Michael E. Christiansen, Village Attorney Paul J. Nicoletti, Village Manager Dolores R. Walker, Village Clerk Mayor Brown called the Regular Session to order at 7:30 p.m. All members of the Council were present. Councilman Marks gave the invocation and Vice Mayor Kazimir led the Council and the public in the Pledge of Allegiance to the Flag. Councilman Moore directed the Village Clerk to incorporate in the minutes of this meeting the following Statement for the Record: ROLL CALL INVOCATION & PLEDGE OF ALLEGIANCE COUNCILMAN MOORETS STATEMENT FOR THE RECORD Government by and for the people was established over 200 years ago by our Constitution. Over the years the courts have interpreted the Constitution in many ways on many issues. On May 24, 1979 the Village Council give its own ____ interpretation to the Freedom of Speech section and ' gave it again in the Miami newspaper: T`There is no Freedom of Speech in the North Palm Beach Council Chambers." During the "Statements from the PublicTM section of that Council meeting, an unfortunate happen- ing occurred. Where else has a 77 year old senior citizen, who has voiced his good and bad constructive criticism to the Council for the past several years, been bodily escorted from a meeting, had his name entered on the police records as a public nuisance, and had a direct quote by a North Palm Beach Council Member in the Miami newspaper that he was a "pain in the The area newspapers published the actions of this Council meeting far better than I have-just said, but each of us must bear the loss of Council good will and fair play, which we had in the past when Freedom of Speech comments were permitted to our people. The Council, I am sure, wishes the people of the Village to be able to communicate without fear of being removed from the Council Chambers by their lack of knowledge of the interpretation of parliamentary procedures. The Council needs feedback from the public, and we have a place for this on the agenda as outlined in Section 2-26 of the Village Code. Past speakers have been critical of Council members and Council action and vice versa. The May 24th ' interpretation of what can be said by, and to whom, is 180 degrees from past procedures. .Our present method permits a speaker to blame the entire Council for the action or deeds of one or more of ~.ts members. It also leaves the Council in doubt as to the identity of the guilty party. The Council will hear the criticism one way or the other. Why not let the speaker get it off his mind and then we can go on with our business. We are a small, family type community where meetings are held at night to give our people the opportunity to attend meetings and be heard. We should remember an old quote: "Bad men excuse their faults - good men abandon them." Minutes of Regular Session Held Thursday, June 14, 1979 Page 2 Councilman Moore moved that we place on the agenda under Item 4 the reorganization of the Council. The motion was seconded by Councilman Marks and failed 2-3, with Mayor Brown, Vice Mayor Kazimir and Councilwoman Love opposed. The Minutes of Regular Session held Thursday, May 24, 1979 are to be corrected and brought back to the Council; and the Minutes of Special Session held Thursday, June 7, 1979 stand as prepared. Councilman Marks moved that we investigate the incident report (on Thomas R. Boyle dated 5/24/79, Case No. 7905-5589). The motion was seconded by Councilman Moore and failed 2-3, with Mayor Brown, who at first abstained from voting because he felt it was a conflict of interest, Vice-Mayor Kazimir and Councilwoman Love opposed. Vice Mayor Kazimir moved that discussion of bridge open- ings be placed on the regular session agenda as item 12 (e) under Miscellaneous Business. The motion was seconded by Councilwoman Love and all present voted aye. The minutes of the following meetings stand as prepared: Special Meeting of Recreation Advisory Board held blay 15, 1979 Regular Meeting of North Palm Beach Contractors Board held May 22, 1979 _~ Regular Meeting of North Palm Beach Library Board held clay 22, 1979 and the following minutes stand as corrected: Regular Meeting of North Palm Beach Country Club Advisory Board held May 15, 1979 Regular Meeting of Planning Commission held June 5, 1979 Councilman Moore moved that the recommendation of the Recreation Advisory Board that the Sir Harry Oakes Building not be razed and that necessary funds be used to maintain the building for present and future use by the Village be postponed until the budget hearing. The motion was seconded by Councilwoman Love and all present voted aye. On motion of Vice Mayor Kazimir, seconded by Councilwoman Love - 3-2, with Councilman Marks and Councilman Moore opposed - Bill No. 322 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 18-35 OF THE VILLAGE ' OF NORTH PALM BEACH CODE BY 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 was placed on second reading and read by title alone. MOTION TO REORGANIZE COUNCIL FAILED APPROVAL OF MINUTES MOTION TO IN- VESTIGATE INCIDENT REPORT ON T. BOYLE FAILED NON AGENDA ITEM PLACED ON AGENDA MINUTES OF ADVISORY BOARDS REC. AD. BD. RECOMMENDATION POSTPONED BILL 322 PLACED ON 2ND READING Minutes of Regular Session Held Thursday, June 14, 1979 Page 3 On motion of Vice Mayor Kazimir, seconded by Councilwoman BILL 322 Love - 3-2, with Councilman Marks and Councilman Moore ADOPTED AS opposed - Bill No. 322 was adopted as Ordinance No. 11-79. ORD. 11-79 Councilman Moore instructed the Village Clerk to indicate in these minutes that he voted no on this ordinance be- cause he feels we are discriminating against the Village. On motion of Councilman Marks, seconded by Councilwoman Love, all present voting aye, Bill No. 326 entitled: BILL 326 PLACED ON 2ND READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DECLARING THE INTENT OF THE VILLAGE TO EXERCISE AUTHORITY UNDER THE LOCAL GOVERNMENT CCNIPREHENSIVE PLANNING ACT OF 1975, DESIGNATING THE LOCAL PLANNING AGENCY AND PROVIDING FOR OTHER APPROPRIATE MATTERS 1 i; was placed on second reading and read by title alone. On motion of Vice Mayor Kazimir, seconded by Council- woman-Love, all present voting aye, Bill No. 326 was adopted as Ordinance No. 12-79. Councilman Marks moved that Bill No. 328 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH IN ACCORDANCE WITH THE REQUIREMENTS OF THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975 (CHAPTER 163, FLORIDA STATUTES) BILL 326 ADOPTED AS ORD 12-79 MOTION TO PLACE BILL 328 ON 15T READING be placed on first reading and read by title alone. The motion was seconded by Vice Mayor Kazimir. Vice Mayor Kazimir moved to amend the Comprehensive Plan CC~IP. PLAN as follows: On page 110, take No. 5 and under Permissible AMENDED Use Transition change that to stable. Under Vehicle for Change change that to no deviation and .leave the last column (Special Requirements) as it is. The motion was seconded by Councilman Moore and passed 5-0. Councilman Moore moved to amend the Comprehensive Plan as COMP. PLAN follows: That we strike out all after. lanes in the first -FURTHER AMENDED sentence and strike out the second sentence in paragraph 7 on page 114. The motion was seconded by Vice Mayor Kazimir and passed 5-0. Councilman Moore moved to amend the Comprehensive Plan as follows: Any place in the items which start on page 110 and go through 113 where the words T`Planned Unit Development Concept" appear under Vehicle for Change that they be stricken from the Comprehensive Plan. The motion was seconded by Councilman Marks and failed 2-3, with Mayor Brown, Vice Mayor Kazimir and Councilwoman Love opposed. with a maximum density of 10 to 11 dwelling units per acre. This information is contained on page 110, item 3. He moved that the Comprehensive Plan be amended as Councilman Moore questioned why we would like the mones- tary to be changed from an institutional type thing to commercial or residential property at some future. date MOTION TO AMEND CQ~IP. PLAN FAILED MOTION TO AMEND COMP. PLAN FAILED Minutes of Regular Session Held Thursday, June 14, 1979 Page ~F follows: Strike out the Permissible Use Transition and leave it stable, that the Permissible Density Transition be stable, and that there be no deviation from present zoning under Vehicle for Change. The motion was seconded by Vice-Mayor Kazimir and failed 1-4, with Mayor Brown, Vice Mayor Kazimir, ' Councilwoman Love and Councilman Marks opposed. Councilman Marks moved to thank the Planning Commission and Mr. O~Meilia for all the hours these people put in on this Comprehensive Plan. He stated he thought doe Hamzy and all members of the Planning Commission should be sincerely thanked for all the good work they did. The motion was seconded by Councilman Moore and passed 5-0. Thereafter Council voted on the main motion which passed unanimously. On motion of Vice Mayor Kazimir, seconded by Council- woman Love - 4-1, with Councilman Moore opposed - Bill No. 329 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PAIM BEACH, FLORIDA, AMENDING THE NORTH PAIM BEACH BUDGET FOR THE FISCAL YEAR 1978-79 BY INCREASING ESTIMATED REVENUES AND TRANSFERRING THE SUM OF $14,000.00 TO A NEW ACCOUNT ENTITLED T'78-79 MODULES - ANCHORAGE PARK" TO COVER THE COST OF A MODULAR BUILDING AT ANCHORAGE PARK ' was placed on first reading and read by title alone. Councilman Marks moved that Resolution No. 33-79 en- titled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, IN THE INTEREST OF PUBLIC SAFETY AND THE PREVENTION OF CRIMES AND PROSECUTION OF OFFENDERS be adopted. The motion was seconded by Vice Mayor Kazimir. Councilman Moore moved to amend Resolution No. 33-79 as follows: To strike out "all" and send it to the presiding judges and not waste our money with the rest of them. Mayor Brown passed the gavel to Vice Mayor Kazimir and seconded the motion. The motion failed 1-4, with Mayor Brawn, Vice Mayor Kazimir, Council- woman Love and Councilman Marks opposed. Vice Mayor Kazimir returned the gavel to Mayor Brown. ' Councilman Marks moved to amend Resolution No. 33-79 as follows: (To send the resolution to the presiding judges), to the Palm Beach County Legislative Delegation, our two United States Congressmen, our two United States Senators, the Governor as well as the Speaker of the House in Tallahassee. The motion was seconded by Vice Mayor Kazimir and passed 4-l, with Councilman Moore opposed. PLANNING COMM. & MR. O~MEILIA THANKED FOR THEIR EFFORTS ON COMP. PLAN MAIN MOTION PASSED UN- ANIMOUSLY BILL 329 _ PLACED ON 1ST READING MOTION TO ADOPT RES. 33-79 MOTION TO AMEND RES. 33-79 FAILED RES. 33-79 AMENDED .t, .' - ~. Minutes of Regular Session Held Thursday, June 14, 1979 Page 5 Thereafter Council voted on the main motion which passed RES. 33-79 4-1, with Councilman Moore opposed. Therefore, Resolution ADOPTED AS No. 33-79 was adopted as amended. AMENDED Councilman Moore moved that we authorize the Mayor, Village NEGOTIATION Manager and Village Attorney to negotiate an Interlocal OF AGREEMENT ' Agreement with the Town of Juno Beach for library services. FOR LIBRARY The motion was seconded by Vice Mayor Kazimir and passed SERVICES WITH 5-0. JiTNO BEACH Councilman Moore moved that we give increases as in- MOTION RE PAY dicated by item 7 on page 2 (of the letter to Mayor and INCREASES Village Council from the Village Manager dated June 13, 1979) which is 3°° up to $12,500.00 and all who make over $12,500.00 will receive a one hundred dollar amount. The motion was seconded by Councilman Marks. Councilman Marks moved to amend the motion to change the MOTION AMENDED 3% increase to 4%. The motion was seconded by Vice Mayor Kazimir and passed 4-1, with Councilman Moore opposed. Thereafter Council voted on the main motion which passed MAIN MOTION 4-1, with Councilman Moore opposed. PASSED 4-1 Councilman Moore moved that we approve the purchase of PURCHASE OF 13 Plectrons and one Emergency Radio Receiver Recorder PLECTRONS Plectron for a total amount of $2,854.50. The motion APPROVED was seconded by Councilman Marks and passed 5-0. Vice Mayor Kazimir moved that we request from the appropri- REQUEST RE ' ate authorities that the bridge openings be scheduled on BRIDGE OPENINGS a year-round basis the same as they are during the season. The motion was seconded by Councilman Marks and passed 5-0. There being no further business to come before the ADJOURNMENT Council, the meeting was adjourned at 11:10 p.m. Minutes recorded by: Dolores R. Walker, Village Clerk 1 Crime Class: C ass. Changed To: .,j` A. Signal i4 ~ NORTH PALM BEACH DEPT. OF PUBLIC SAFETY 2P __ - Case No. 7905-5589 3nyestagatang O~acer• Patrolman Richard Jacobsen OFFENSE & INCIDENT REPORT - {Other Than Hoa+icide, Assault or injury a ame ssgn f ;tt-_. 0>-24-79 1922 Hrs.t Complainant: Mayor Brown Address: 501 U.S. $fl, North Palm Beach Telephone: 848-3474 Victim or~Business Name: Address: Telephone: ' Color-Sex-Age-Occupation: White/Male/60/Town Ma or Where Employed: Telephone: Person Discovering Offense: Address: Telephone: Property'Owned By: Address: Te ephone: CRIME OCCURRED A703. U.S. 9~1, North Palm Beach Type Premises, Etc: Meeting Hall Date & lame Commatted: OS-24-79 1940 Hours eapon or Instrument Use rotectave ev ces: Point of Entry: Point of Exit: Property: O Taken O Recovered Serial No. Value: L Cont nue on separate s eet. Tota Vehic e s Make: Use By Of enders or Sto en: ~ Year:. Color: License No. State: Body Sty12: Vin: ~ Other Identifying Characteristics: I, the undersigned, swear or affirm that-the above described Vehicle was stolen, that I will/will not prosecute the offender if apprehended, that I am the owner of said vehicle. Sagnature of Owner -z Car No. .Tame Arr ve :Time Compete leather ~ Officers M. Baker and R. Jacobsen OS-24-79 t 38 1 1946 1 1956 T.T. Sent Attach Copy ~ ) Loca ~ ) sh Suspect(s) Arrest(s) Missing Person Color/- Age/ Names & Addresses: Sex . DOB ~ Thomas Boyle W/M UNK 100 Wettaw, X625, North kalm Beach Remarks: Additional Description, Scars, Tattoos, Mustache Height Weight H~ir;~Eyps Camp. UNK UNK UNK U ~ UNK assess othing, etc.: runoGCC CT7 Fn eraTNCT nFFFNnFNT F.S.S. # I Name of Witnesses: Addresses: Phone: Employed By Phone: Evidence Foun Where Found: By Whom: He d by Whom: Detailed Report - Give complete account including story obtained from in~uretl person it in condition to be interviewed. In a Felony, obtain statement from complainant and have cem- . plainant sign his statement, also get statement from each witness & signatures. -.~ At 1944 hours, on this date, Mayor Brown requested assistance during the Town Council meeting as Mr Thomas Boyle was making a vublic nuisance of h;mce;f_ Mgynr Rrown A;rorrPA Officer Baker to remove Mr. Boyle £rom the meetins prior to this officer's arrival. Unon this officer's arrival approximately one minute later, Mr. Boyle was still in the meeting room and verbally refusing to leave. Mr. Boyle was escorted out of the meeting room by Officer Baker and this writer. Mr. Boyle did not physically resist and was cooperative with officers. Mr. Boyle agreed to leave the area until the next council meeting. epor 1ng ~cer igna ure: Date: Patrolman Richard Jacobsen _ ~ OS-24-T9 Disposition: s ( ),Cleared By Arrest ~ ~ uvenile Referral ~ ~ T.O.T. Detective Bureau t ~ Unfounded C ) Exceptionally Cleared ~ Other (Explain in narrative}