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05-10-1979 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NDRTH PALM BEACH, FLORIDA HELD THURSDAY, MAY 10, 1979 _ Present: W. H. Brown, Mayor Donald J. Kazimir, Vice Mayor Patsy B. Love, President Pro Tem V. A. Marks, Councilman ' Al Moore, Councilman Herbert L. Gildan, Village Attorney Pavl J. Nicoletti, Village Manager Dolores R. Walker, Village Clerk Mayor Brown called the Regular Session to order at 7:30 ROLL CALL p.m. All members of the Council were present. Vice Mayor Kazimir gave the invocation and Councilman INVOCATION & Moore led the Council and the public in the Pledge of PLEDGE OF Allegiance to the Flag. ALLEGIANCE On motion of President Pro Tem Love, seconded by Vice APPROVAL OF Mayor Kazimir, all present voting aye, the Following MINUTES minutes were approved as written: Public Hearing on Bill No. 317 held Thursday, March 8, 1979 Regular Session held Thursday, March 8, 1979 ' Public Hearing on Bill Numbers 320 and 321 held Thursday, April 26, 1979 and the following minutes were approved as corrected: Regular Session held Thursday, March 22, 1979 Regular Session held Thursday, April 26, 1979 Mayor Brown read and signed the following Proclamations: PROCLAMATIONS READ & SIGNED National Public Works Week -May 20-26, 1979 Home Health Agency Week - May 21-27, 1979 Soil Stewardship Week -May-20-27, 1979 Councilman Marks moved that we place on tonight's reg- NON AGENDA ular session agenda an item concerning proclamations. ITEM PLACED The motion was seconded by Councilman Moore and all ON AGENDA present voted aye. On motion of Vice Mayor Kazimir, seconded by President ACCEPTANCE OF Pro Tem Love, all present voting aye, the minutes of MINUTES Regular Meeting of North Palm Beach Country Club Ad- ' visory Board held April 19, 1979 were accepted by the Council. On motion of Councilman Marks, seconded by Vice Mayor BILL 324 Kazimir, all present voting aye, Bill No. 324 entitled: PLACED ON 1ST READING Minutes of Regular Session Held Thursday, May 10, 1979 Page 2 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET FOR THE FISCAL YEAR 1978-79 BY INCREASING THE ESTIMATED REVENUE AND APPROPRIATIONS OF THE GENERAL FUND BY $16,165.00 ' was placed on first reading and read by title alone. On motion of Vice Mayor Kazimir, seconded by President Pro Tem Love, all present voting aye, Bill No. 323 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROHIBITING PERSONS WHO WALK DOGS OFF THE 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 was placed on second reading and read by title alone. Councilman Marks moved that Bill No. 323 be adopted as Ordinance No. 8-79. The motion was seconded by Vice Mayor Kazimir. Vice Mayor Kazimir moved that we amend Bill No. 323 as follows:, That we restore the original language that was presented to us two weeks ago, which in addition to what the bill said now requires that appropriate containers will be carried by the person walking the dog. The motion was seconded by President Pro Tem Love. The motion passed 3-2, with Councilman Marks and Councilman Moore opposed. Thereafter Council voted on the main motion which passed 4-l, with Councilman Moore opposed. Therefore, Bill No. 323 was adopted as amended as Ordinance No. 8-79. On motion of President Pro Tem Love, seconded by Vice Mayor Kazimir, all present voting aye, proposed Res- olution No. 27-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF ZAMBELLI FIRE- WORKS MFG. CO., INC. FOR FIREWORKS IN fiHE AMOUNT OF $2,SD0.00 FROM ACCOUNT NO. 43-572-49.32 was read in full and adopted as read as Resolution No. 27-79. On motion of Councilman Marks, seconded by President Pro Tem Love, all present voting aye, proposed Res- olut:ion No. 28-79 entitled: ' A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, SETTING FORTH THOSE PERSONS WHO SHALL SIGN AND COUNTERSIGN CHECKS OR WITHDRAWAL ORDERS ON ALL DEPOSITORIES OF FUNDS OF THE VILLAGE OF NORTH PALM BEACH BILL 323 PLACED ON 2ND READING MOTION TO ADOPT BILL 323 AS ORD. 8-79 BILL 323 __ AMENDED BILL 323 ADOPTED AS AMENDED A$ ORD. 8-79 RES. 27-79 ADOPTED RES. 28-79 ADOPTED was read in full and adopted as read as Resolution No. 28-79. Minutes of Regular Session Held Thursday, May 10, 1979 Page 3 Vice Mayor Kazimir moved that Resolution No. 29-79 MOTION TO entitled: ADOPT RES. 29-79 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING A TEN (10) FOOT-EASEMENT FOR PUBLIC UTILITIES ON THE NORTH 10 FEET OF THE ' SOUTH 60 FEET OF LOT 14, BLOCK 1, COUNTRY CLUB ADDITION OF THE VILLAGE OF NORTH PALM BEACH be adopted. The motion was seconded by President Pro Tem Love. Councilman Marks moved to amend the motion as follows: AMENDMENT TO That we postpone the easement for public utilities and MOTION FAILED the disclaimer until Council's Regular Meeting of May 24, 2-3 1979. The motion was seconded by Councilman Moore and failed 2-3, with Mayor Brown, Vice Mayor Kazimir and President Pro Tem Love voting nay and Councilman Marks and Councilman Moore voting aye. Vice Mayor Kazimir moved to amend the motion as follows: RES. 29-79 That we change, in the beginning of the Resolution, the AMENDED. words ten foot easement for public utilities on the north ten feet of the south sixty feet to a twelve foot easement for public utilities on the north twelve feet; and that the passage of this Resolution is contingent - upon evidence of good title to the land, and that the Texgas letter is changed to read the proper area for the easement. The motion was seconded by President Pro Tem Love and passed 3-2, with Councilman Marks and Councilman Moore opposed. ' Thereafter Council voted on the main motion which passed RES. 29-79 3-2, with Councilman Marks and Councilman Moore opposed. ADOPTED AS Therefore, Resolution No. 29-79 was adopted as amended. AMENDED Councilman Marks moved that Resolution No. 30-79 en- MOTION TO titled: ADOPT RES. 30-79 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE VILL~IGE CLERK TO SIGN A DISCLAIMER TO A CERTAIN EASEMENT FOR PUBLIC UTILITIES BETWEEN LOTS 15 AND 16, BLOCK 1, COUNTRY CLUB ADDITION OF THE VILLAGE OF NORTH PALM BEACH be adopted. The motion was seconded by Vice Mayor Kazimir. Vice Mayor Kazimir moved that we amend the motion RES. 30-79 as follows: That we accept this Resolution con- AMENDED ditionally, with the Texgas letter being revised. The motion was seconded by President Pro Tem Love and passed 3-2, with Councilman Marks and Councilman Moore opposed. ' Thereafter Council voted on the main motion which passed RES. 30-79 3-2, with Councilman Marks and Councilman Moore opposed. ADOPTED AS Therefore, Resolution No. 30-79 was adopted as amended. AMENDED Minutes of Regular Sessi6n' Held Thursday, May 10, 1979 Page tE On motion of Councilman Marks, seconded by Vice Mayor Kazimir, all present voting aye, proposed Resolution No. 31-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, REPEALING RESOLUTION N0. 39-78 ' WHICH ACCEPTED THE BID OF PARK STRUCTURES, INC. FOR TWO PREFABRICATED MODULAR WOOD BUILDINGS IN THE AMOUNT OF $34,517.00 FROM ACCOUNT N0. 71- 411.10 was read in full and adopted as read as Resolution No. 31-79. Vice Mayor Kazimir moved that Resolution No. 32-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF HUNTER KNEPSHIELD, INC. FOR TWO MODULAR BUILDINGS AND THIRTEEN EXTERIOR PANELS WITH R-13 INSULATION PACKAGE IN THE AMOUNT OF $37,987.50 FROM ACCOUNT N0. 71-581-63.75 be adopted. The motion was seconded by Councilman Marks. Councilman Moore moved to amend the motion as follows: That Resolution No. 32-79 be laid aside until an ordinance can be drawn up to transfer $34,518.00 from last yearTs ' Account No. 71-411.10, this money to be transferred to the 1978-79 budget, line item Account No. 71-581-63.75, same ordinance to be drawn up and passed on two readings on this date. The motion was seconded by Councilman Marks and all present voted aye. On motion of Councilman Marks, seconded by President Pro Tem Love, all present voting aye, Bill No. 325 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET FOR THE FISCAL YEAR 1978-79 BY INCREASING THE ESTIMATED REVENUE AND APPROPRIATION OF THE GENERAL FUND BY $34,518.00 was placed on first and second reading and read in total. On motion of Councilman Moore, seconded by Vice Mayor Kazimir, all present voting aye, Bill No. 325 was adopted as Ordinance No. 9-79. Thereafter Council voted on the main motion which passed 5-0. Therefore, Resolution No. 32-79 was adopted. ' Councilman Moore moved to approve the emergency repair of concrete pipe in the easement between 812 and 818 Lakeside Drive in the amount of $2,645.00 to be expended from Account No. 34-541-46.81. The motion was-seconded- by Vice Mayor Kazimir and all present voted aye. RES. 31-79 ADOPTED MOTION TO ADOPT RES. 32-79 MOTION AMENDED BILL 325 PLACED - ON 1ST & 2ND READING & READ IN TOTAL BILL 325 ADOPTED AS ORD. 9-79 RES. 32-79 ADOPTED APPROVAL OF EMERGENCY REPAIR Minutes of Regular Session Held Thursday, May 10, 1979 Page 5 Councilman Moore moved that proclamations not be read at the regular session unless people are in attendance to accept them. The motion was seconded by Councilman-Marks and all present voted aye. There being no further business to come before the Council, on motion of Councilman Moore, seconded by President Pro Tem Love, all present voting aye, the meeting was adjourned at 10:00 p.m. Minutes recorded by: Dolores R. Walker, Village Clerk 1 1 POLICY RE READING PROCLA- MATIONS AT REGULAR SESSION ADJOURNMENT