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.
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Minutes recorded by: Dolores R. Walker, Village Clerk