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}