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09-27-1979 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 27, 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 Paul J. Nicoletti, Village Manager Dolores R. Walker, Village Clerk Mayor Brown called the Regular Session to order at 7:32 ROLL CALL p.m. All members of the Council were present. Councilwoman Love gave the invocation and Councilman INVOCATION & Marks led the Council and the public in the Pledge of PLEDGE OF Allegiance to the Flag. ALLEGIANCE The minutes of Public Hearing held Thursday, September APPROVAL OF 13, 1979 stand as prepared; and the minutes of Regular MINUTES Session held Thursday, September 13, 1979 stand as prepared. Mayor Brown accepted, in behalf of the Village, a check PRESENTATION OF in the amount of $2,000.00 from Mrs. Jeri Athey, Diving PLAQUES - Coach and President of the Florida Gold Coast Amateur PAN AM DIVING Athletic Union (AAU), for pool rental during the Pan TRIALS American Diving Trials, June 14-17, 1979. He also accepted, in behalf of the Village, a plaque from the. Pan Am Diving Trial Committee in appreciation of the assistance afforded them during the trials. Mr. Ray Howland, Assistant Village Manager, accepted from Mrs. Athey in behalf of the North Palm Beach __ Country Club, a plaque from the Pan_Am Diving Trial Committee for the clvbTs assistance during the_Pan Am Diving Trials. Councilman Marks read the following statement into the COUNCILMAN record: MARK'S STATE- MENT FOR THE "I believe the Council of North Palm Beach should RECORD review all information presented by Bankers Life on Air Force Beach property. It is great to have for the first time willing people to discuss this property. Last Sunday I was called by Peggy Evatt`s Administrative Assistant. He discussed the possibility of condemnation of the property with me. I personally told him I wanted to review all material to be presented to us. Also, I resent Peggy Evatt, Dennis Koehler, or anyone attempting condemnation prior to us, the North Palm Beach Council, reviewing the property plans. Of ' course, you saw Wednesday's headlines. We were the first supporters of the bond issue in this area. In North Palm Beach we supported it all the way through, but condemnation shouldnTt be started on North Palm Beach property by the County until we at least bargain in good faith. This property is on the North Pa]Jn Beach tax rolls. I, for one, and I believe all Council members, want to preserve most of the beach front property, but we owe to the property owners something also. Peaceful settlement will give us a beach quicker, I believe, than condemnation." Minutes of Regular Session Held Thursday, September 27, 1979 Page 2 The minutes of Regular Meeting of Recreation Advisory ACCEPTANCE Board held September ll, 1979 stand as prepared; and OF MINUTES the minutes of Regular Meeting of North Palm Beach Country Club Advisory Board held September 18, 1979 stand as corrected. t Councilman Marks moved that Bill No. 327 entitled: MOTION TO PLACE BILL 327 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, ON FIRST READING FLORIDA, AMENDING CHAPTER 45 OF THE VILLAGE OF NORTH PALM BEACH CODE, IT BEING THE ZONING CODE OF THE VILLAGE, BY CREATING PLANNED UNIT DEVELOPMENT ZONING REGULATIONS, SETTING FORTH A DEFINITION OF PLANNED UNIT DEVELOPMENT, THE PURPOSE AND SCOPE OF PLANNED UNIT DEVELOPMENT, THE FACTORS AND STANDARDS TO BE EVALUATED IN CREATING A PLANNED UNIT DEVELOPMENT, THE GENERAL REQUIREMENTS AND SPECIAL REGULATIONS OF PLANNED UNIT DEVELOPMENTS; SETTING FORTH AN EFFECTIVE DATE AND PROVIDING A SAVINGS CLAUSE be placed on first reading and read by title alone. The motion was seconded by Vice Mayor Kazimir. Councilman Moore moved to amend the motion as follows: MOTION DIED That we postpone anything to do with the Planned Unit FOR LACK OF Development until we have completed our study and have A SECOND decided on Air Force Beach. The motion died for lack of a second. Thereafter Council voted on the main motion which passed MAIN MOTION ' 4-1, with Councilman Moore opposed. PASSED 4-1 On motion of Vice Mayor Kazimir, seconded by Council- BILL 334 woman Love, all present voting aye, Bill No. 334 en- PL.~ICED ON titled: SECOND READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA, CREATING A CODES ENFORCEMENT BOARD; PROVIDING FOR DEFINITIONS; PRO- VIDING FOR ORGANIZATION; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR HEARING; PROVIDING FOR POWERS; PROVIDING FOR FINES; PROVIDING FOR APPEAL; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE was placed on second reading and read by title alone. On motion of Councilman Marks, seconded by Vice Mayor BILL 334 Kazimir, all present voting aye, Bill No. 334 was ADOPTED AS ORD.- adopted as Ordinance No. 19-79. 19-79 On motion of Vice Mayor Kazimir, seconded by Council- BILL 335 PLACED woman Love, all present voting aye, Bill No. 335 entitled: ON SECOND READING AN ORDINANCE OF THE VIS,LAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET FOR THE FISCAL YEAR 1978-79 BY APPROPRIATION TRANSFERS was placed on second reading and read by title alone. On motion of Vice Mayor Kazimir, seconded by Council- BILL 335 ADOPTED woman Love, all present voting aye, Bill No. 335 was AS ORD. 20-79 adopted as Ordinance No. 20-79. Minutes of Regular .Session Held Thursday, September 27, 1979 Page 3 On motion of Vice Mayor Kazimir, seconded by Council- woman Love - 3-2, with Councilman Marks and Councilman Moore opposed - Bill No. 336 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM. BEACH, FLORIDA, LEVYING A TAX ON REAL AND PERSONAL PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF NORTH PALM BEACH ON JANUARY 1, 1979; FIXING THE ' TOTAL VALUATION THEREON AND THE TAX MILEAGE-RATE THEREON FOR SAID TAX YEAR; ADOPTING BUDGETS FOR THE FISCAL YEAR OCTOBER 1, 1979 TO SEPTEMBER 30, 1980, BOTH INCLUSIVE, FOR THE VILLAGE OF NORTH PALM BEACH GENERAL FUND, INCLUDING DEBT RETIl2F2~IENT AND FOR THE NORTH PALM BEACH COUNTRY CLUB REVENUE FIIND; AND RB- PEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE was placed on second reading and read by title alone. Vice Mayor Kazimir moved that Bill No. 336 be adopted as Ordinance No. 21-79. The motion was seconded by Councilwoman Love. Councilman Moore moved to amend Bill No. 336 by re- moving Section 7. The motion was seconded by Council- man Marls and failed 3-2, with Mayor Brown, Vice Mayor Kazimir and Councilwoman Love opposed. Thereafter Council voted on the main motion which passed 3-2, with Councilman Marks and Councilman Moore opposed. Councilman Marks moved that Bill No. 337 entitled: ' AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 26-29 OF THE VILLAGE OF NORTH PALM BEACH CODE BY INCREASING THE TAX LEVIED ON THE PURCHASE OF ELECTRICITY, METERED GAS AND BOTTLED GAS (NATURAL LIQUEFIED PETROLEUM GAS) WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF NORTH PALM BEACH FROM 5% TO 8.75%; REPEALING ORDINANCES IN CONFLICT WITH THIS ORDINANCE, AND SETTING-FORTH THE EFFECTIVE DATE OF THIS ORDINANCE be tabled. The motion was seconded by Councilman Moore and failed 3-2, with Mayor Brown, Vice Mayor Kazimir and Councilwoman Love opposed. Vice Mayor Kazimir moved that Bill No. 337 be placed on second reading and read by title alone. The motion was seconded by Councilwoman Love and passed 3-2, with Councilman Marks and Councilman Moore opposed. Vice Mayor Kazimir moved that Bill No. 337 be adopted as Ordinance No. 22-79. The motion was seconded by Council- woman Love and passed 3-2, with Councilman Marks and Councilman Moore opposed. ' On motion of Councilman Marks, seconded by Councilwoman Love, all present voting aye, proposed Resolution No. 39-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE USE OF THE SENIOR CITIZENS BUILDING LOCATED ADJACENT TO THE NORTH PALM BEACH PUBLIC LIBRARY TO BE USED BY NORTH PALM BEACH SENIOR CITIZENS GROUP FOR CONDUCT OF BINGO GAMES BILL 336 PLACED ON SECOND READING MOTION TO ADOPT BILL 336 AS ORD. 21-79 MOTION TO AMEND BILL 336 FAILED MAIN MOTION PASSED 3-2 MOTION TO TABLE BILL 337 FAILED BILL 337 PLACED ON SECOND READING BILL 337 ADOPTED AS ORD. 22-79 RES. 39-79 ADOPTED was read in full and adopted as read as Resolution No. 39-79. Minutes of Regular Session Held Thursday, September 27, 1979 Page 4 On motion of Vice Mayor Kazimir, seconded by Councilman RES. 40-79 Marks - 3-2, with Councilman Marks and Councilman Moore ADOPTED opposed - proposed Resolution No. CFO-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF HUNTER-KNEPSHIELD, ' INC. FOR ONE MODULAR BUILDING, ANCHORAGE PARK IN THE AMOUNT OF $20,598.25, FROM ACCOUNT N0. 71-581-63.75 was read in full and adopted as read as Resolution No. 40- 79 . On motion of Councilman Marks, seconded by Council- RES. 41-79 woman Love, all present voting aye, proposed Resolution ADOPTED No. 41-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF HYDRARCH, INC. FOR DREDGING THE TENTH FAIRWAY POND IN THE AMOUNT OF $5,150.00 FROM ACCOUNT N0. 61.1-581-62.12 was read in full and adopted as read as Resolution No. 41-79. On motion of Councilman Marks, seconded by Vice Mayor RES. 42-79 Kazimir - 4-1, with Councilman Moore opposed - proposed ADOPTED Resolution No. 42-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH PETITIONING THE BOARD OF COUNTY ' COMMISSIONERS OF PALM BEACH COUNTY PURSUANT TO SECTION 125.01 (6) (a) FLORIDA STATUTES TO DEVELOP AN APPROPRIATE MECHANISM TO FINANCE FOR THE ENSUING FISCAL YEAR OF 1979- 1980 THOSE SERVICES OR PROGRAMS AS IDENTIFIED HEREIN REN- DERED SPECIALLY FOR THE BENEFIT OF THE PROPERTY OR RESIDENTS IN UNINCORPORATED AREAS OF PALM BEACH COUNTY AND FINANCED FROM COUNTYWIDE REVENUES, WHICH APPROPRIATE MECHANISM OF FINANCING MAY BE BY TAXES, SPECIAL ASSESSMENTS, OR SERVICE CHARGES LEVIED OR IMPOSED SOLELY UPON RESIDENTS OR PROPERTY IN THE SsNCORPORATED AREAS OF PALM BEACH COUNTY, BY THE ESTABLISHMENT OF A MUNICIPAL SERVICE TAXING OR BENEFIT UNIT PURSUANT TO PARAGRAPH (q) OF SUBSECTION (1) OF SECTION 125.01, FLORIDA STATUTES, OR BY REMITTING THE IDENTIFIED COST OF SERVICES PAID FROM REVENUES REQUIRED TO BE EXPENDED ON A COUNTYWIDE BASIS TO THE VILLAGE OF NORTH PALM BEACH, WITHIN 6 MONTHS OF THE ADOPTION OF THE COUNTY BUDGET FOR 1979-1980, 1TI THE PROPORTION THAT COUNTY AD VALOREM TAXES COLLECTED WITHIN THE VILLAGE OF NORTH PALM BEACH BEAR TO-THE TOTAL AMOUNT OF COUNTYWIDE AD VALOREM TAXES COLLECTED BY THE COUNTY, OR BY ANY OTHER METHOD PRESCRIBED BY STATE LAW was read in full and adapted as read as Resolution No. 42-79. ' The meeting was recessed at 9:58 p.m. and was recon- RECESS vened at 10:09 p.m. Councilman Marks moved that we continue the reciprocal MOTION TO borrowing agreements with other municipalities. The CONTINUE motion was seconded by Vice Mayor Kazimir, RECIPROCAL BORROWING AGREEMENTS Minutes of Regular Session Held Thursday, September 27, 1979 Page 5 Councilman Moore moved to amend the motion as follows: MOTION TO That the library reciprocal borrowing agreements be AMEND FAILED limited to Lake Park, Riviera Beach and West Palm Beach. FOR LACK OF The motion died for lack of a second. A SECOND Thereafter Council voted on the main motion which passed MAIN MOTION ' 4-l, with Councilman Moore opposed. PASSED 4-1 Councilman Moore moved that we do not lend our popu- MOTION TO NOT lation to the Areawide Housing Opportunity Plan (AHOP) LEND OUR for Palm Beach County. The motion was seconded by POPULATION TO Councilman Marks and failed 2-3, with Mayor Brown, AHOP FAILED Vice Mayor Kazimir and Councilwoman Love opposed. Vice Mayor Kazimir moved that we do lend our population MOTION TO LEND to AHOP. The motion was seconded by Councilwoman Love OUR POPULATION and passed 3-2, with Councilman Marks and Councilman TO AHOP PASSED Moore opposed. 3-2 Councilman Marks moved that we reject the bid received BID ON NOVA by the Village at 3:00 p.m. on Friday, September 21, MIRAGE BOAT 1979 for the sale of the 1978 Nova Mirage 28 ft. boat. REJECTED The motion was seconded by Councilwoman Love and all present voted aye. Councilman Marks moved that we extend the Monday MONDAY CLOSING closing at the North Palm Beach Country Club from AT NPBCC EX- October 1, 1979 to November 1, 1979. The motion was TENDED seconded by Vice Mayor Kazimir and passed 3-2, with Councilwoman Love and Councilman rioore opposed. ' Councilman Marks moved that we authorize the Mayor MAYOR AUTHOR- to sign those certain Agreements between the Village IZED TO SIGN and Richard Cavanah, Peter Finlayson and Raymond EMPLOYMENT Keldie for services as Pool Manager, Golf Professional AGREEMENTS WITH and Tennis Professional, respectively. The motion was POOL MANAGER, seconded by Councilwoman Love and all present voted GOLF PRO & aye, TENNIS PRO Vice Mayor Kazimir moved that we approve continued VILLAGE TO CON- Village participation in the Community Development_ TINUE PARTICIPA- Block Grant Program with Palm Beach County. The TION IN CON[~IUNITY motion was seconded by Councilwoman Zove and passed DEVELOA~7ENT BLOCK 3-2, with Councilman Marks and Councilman Moore GRANT PROGRAM opposed. Councilman Moore moved that we go with the County MOTION TO GO for animal control services. The motion was second- WITH COUNTY FOR ed by Councilman Marks and failed"0-5. AN17~1AL CONTROL FAILED Councilman Marks moved that we implement animal con- IMPLEMENTATION trol services by having a person spend twenty hours OF ANIMAL CON- per week as animal control officer and twenty hours TROL SERVICES per week as code enforcement officer for the Depart- , ment of Public Services. The motion was seconded by Vice Mayor Kazimir and all present voted aye. Councilwoman Love moved that we confirm the appoint- CONFIRMATION ment of Cheryl S. Collins as Deputy Village Clerk. OF C. COLLINS The motion was seconded by Councilman Marks and all AS DEPUTY present voted aye. VILLAGE CLERK Minutes of Regular Session Held Thursday, September 27, 1979 Page 6 Councilman Marks moved that we withdraw Item 12 (h) (Pension Plan - Village Employees) from tonightTs regular session agenda. The motion was seconded by Councilwoman Love and all present voted aye. ITEM WITHDRAWN FROM REGULAR SESSION AGENDA There being no further business_ to come before the ADJOURNMENT ' Council, the meeting was adjourned at 11:00 p.m. 1 1 ~ ~ ~ Minutes recorded by: Dolores R. Walker, Village Clerk