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01-08-1981 VC REG-M MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JANUARY 8 , 1981 Present: V. A. Marks , M.D. , Mayor Al Moore , Vice Mayor Tom Valente, President Pro Tem W. H. Brown, Councilman ' Harriet Nolan, Councilwoman Herbert L. Gildan, Village Attorney Raymond J. Howland, Village Manager Dolores R. Walker, Village Clerk Mayor Marks called the Regular Session to order at ROLL CALL 7 : 30 p.m. All members of the Council and staff were present. President Pro Tem Valente gave the invocation and INVOCATION & Councilman Brown led the Council and the public in PLEDGE OF the Pledge of Allegiance to the Flag. ALLEGIANCE The following minutes stand as prepared: APPROVAL OF MINUTES Regular Session held December 11, 1980 Special Session held December 18 , 1980 Mayor Marks , on behalf of the Village, Dresented PRESENTATION OF to Don Vandergrift, Supervisor, Palm Beach Soil and PROCLAMATION Water Conservation District, a Proclamation proclaim- ing the month of January 1981 as "Arbor Month. " ' Mr. Vandergrift presented the Mayor with a South Florida Slash Tree which will be planted at the North Palm Beach Country Club. Councilman Brown moved that we reinstate Item ITEM REINSTATED 11 (d) (Resolution Creating 25th Anniversary ON REG. SESSION Committee) back on the regular session agenda. AGENDA The motion was seconded by President Pro Tem Valente and passed 4-1, with Vice Mayor Moore opposed. The following minutes stand as prepared: ACCEPTANCE OF MINUTES Regular Meeting of Recreation Advisory Board held November 11, 1980 Regular Meeting of Library Advisory Board held November 25 , 1980 Regular Meeting of Planning Commission held December 2 , 1980 Councilman Brown moved that the recommendation of REC. AD. BD. the Recreation Advisory Board that the Village RECOMMENDATION complete its proposed fourth module at Anchorage REJECTED ' Park even though the County is not going to match funds be rejected. The motion was seconded by Vice Mayor Moore and all present voted aye. Minutes of Regular Session Held Thursday, January 8 , 1981 Page 2 Councilwoman Nolan moved that we accept the recom- LIBRARY AD. mendation of the Library Advisory Board that after a BD. RECOM- basic charge of $15 . 00 for paid members , each addition- MENDATION al card for a family member will cost $1. 00 plus post- ACCEPTED age, if necessary. The motion was seconded by Council- man Brown and passed 4-1, with Vice Mayor Moore opposed. On motion of President Pro Tem Valente, seconded by BILL 374 PLACED Councilwoman Nolan, all present voting aye, Bill No. 374 ON 2ND READING entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REGULATING SMOKING OF TOBACCO PRODUCTS IN THOSE PLACES WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF NORTH PALM BEACH WHERE THE PUBLIC IS INVITED TO CONGREGATE FOR MEETINGS , DINING, DRINKING, ENTERTAINMENT, EDUCATION AND SIMILAR PURPOSES ; P.E- OUIRING THOSE PARTIES THAT INVITE THE PUBLIC TO SUCH PLACES TO EXERCISE ALL REASONABLE EFFORTS TO PROVIDE NON-SMOKERS WITH AREAS WHERE SMOKING IS NOT PERMITTED WHILE PROVIDING PERSONS WHO DESIRE TO SMOKE WITH AREAS WHERE SMOKING MAY BE PERMITTED was placed on second reading and read by title alone. President Pro Tem Valente moved that Bill No. 374 be MOTION TO adopted as Ordinance No. 1-81. The motion was second- ADOPT BILL 374 ed by Councilwoman Nolan. AS ORD. 1-81 Vice Mayor Moore moved to amend Bill No . 374 as follows : BILL 374 In paragraph 2 , line 3 , after the first word of that AMENDED line, insert the word "may" before "have" and delete the word "legitimate. " in the third paragraph, line 2, delete the word "legitimate . " In the fourth paragraph, third line, delete the word "legitimate. " The motion was seconded by Councilman Brown and all present voted aye. Thereafter Council voted on the main motion, as _MAIN MOTION amended, which passed unanimously. PASSED 5-0 On motion of Councilwoman Nolan, seconded by Council- BILL 377 man Brown - 4-1, with Vice Mayor Moore opposed - Bill PLACED ON 1ST No. 377 entitled: READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE VILLAGE OF NORTH PALM BEACH CODE RELATING TO "TREES AND SHRUBBERY" BY AMENDING ALL REFERENCE THEREIN TO BUILDING INSPECTOR TO HEAREAFTER REFER TO "BUILDING OFFICIAL" ; BY AMENDING ALL REFERENCES THEREIN REFERRING TO THE "APPEARANCE BOARD" TO THE "PLANNING COMMISSION" ; BY ELIMINATING A COMMITTEE OF ADJUSTMENT; BY AMENDING PROVISIONS CONCERNING 14AINTENANCE OF LANDSCAPING CONCERNING PERIMETER LANDSCAPING AND CONCERNING SITE DISTANCE FOR LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF-WAY AND POINTS OF ACCESS was placed on first reading and read by title alone. Minutes of Regular Session Held Thursday, January 8 , 1981 Page 3 On motion of Councilman Brown, seconded by Council- RES . 1-81 woman Nolan, all present voting aye, proposed Resolu- ADOPTED tion No . 1-81 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, REQUESTING AND URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO REPEAL SECTIONS 663. 545 AND 665 . 104, FLORIDA STATUTES, ADOPTED IN THE 1930 LEGISLATIVE SESSION, WHICH REQUIRE BANKS AND SAVINGS AND LOAN ASSOCIATIONS HOLDING MUNICIPAL MONEY DEPOSITS TO PLEDGE COLLAT- ERAL FOR SUCH DEPOSITS TO THE TREASURER OF THE STATE OF FLORIDA, RATHER THAN TO THE MUNICIPALITY MAKING SUCH DEPOSITS; AND FURTHER REnUIRING APPROVAL OF THE STATE TREASURER IN 14RITING TO RELEASE, MODIFY OR SUBSTITUTE SUCH COLLATERAL REnUIRED; AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO SUCH PERSONS AS THE MAYOR SHALL DIRECT; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF was read in full and adopted as read as Resolution No. 1-31. On motion of Councilwoman Nolan, seconded by President RES. 2-31 Pro Tem Valente, all present voting aye, proposed Resolu- ADOPTED tion No. 2-81 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF MOTOROLA COMMUNICATIONS 6, ELECTRONICS , INC. , FOR ONE APCOR-12 WATT SELF-CONTAINED HIGH P014ERED PORTABLE FIELD TELEMETRY UNIT IN THE AMOUNT OF $6 ,197 . 00 , FROM ACCOUNT NO. 23-526-64.40 (PORTABLE BIO-MEDICAL TEL- EMETRY RADIO) was read in full and adopted as read as Resolution No. 2-81. Vice Mayor Moore nominated Martha Nadelman as the W. YOUNG appointee for Village Historian. Councilman Brown APPOINTED nominated William Young. After the ballots were counted, VILLAGE it was determined that William Young was appointed HISTORIAN Village Historian and his name was placed on proposed Resolution No. 3-81. A copy of the ballots are attach- ed to the minutes of this meeting. On motion of Councilman Brown, seconded by President RES . 3-81 Pro Tem Valente, all present voting aye , proposed ADOPTED Resolution No. 3-81 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING A PERSON TO FILL THE POSITION OF VILLAGE HISTORIAN ' was read in full and adopted as read as Resolution No. 3-81. Councilman Brown moved that we accept all names ACCEPTANCE OF submitted (on proposed Resolution No. 4-81) and the NAMES ON names of all people who will volunteer to serve sub- PROPOSED RES . sequent to the passage of this Resolution. The motion 4-31 was seconded by Councilwoman Nolan and all present voted aye. Minutes of Regular Session Held Thursday, January 8, 1981 Page 4 Thereafter Council discussed Resolution No. 4-81 at length and determined that the eleven names submitted would be placed on the Resolution, with John LaCerda representing the Yacht Club Drive Civic Association; Clay Walker representing Explorer Post #911; and Charmain Back representing the North Palm Beach Junior Women' s Club . They also added the following: and any other persons who may volunteer to serve on the committee in the future. Said persons shall serve through the end of the ' festivities . " Proposed Resolution No. 4-81 was then read by the Village Manager. On motion of President Pro Tem Valente, seconded RES . 4-81 by Councilwoman Nolan, all present voting aye, ADOPTED proposed Resolution No. 4-81 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, CREATING A 25TH ANNIVERSARY AD HOC COMMITTEE FOR THE VILLAGE OF NORTH PALM BEACH TO ASSIST THE VILLAGE AND ITS RESIDENTS IN CELEBRATING THE 25TH ANNIVERSARY OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA was read in full and adopted as read as Resolution No. 4-31 . Councilman Brown moved that we reject the motion to MOTION TO ' absorb all utilities at the North Palm Beach Country REJECT ABSORB- Club until further notice from Turgeons , Inc. The ING ALL UTIL- motion was seconded by President Pro Tem Valente. ITIES AT NPBCC Vice Mayor Moore moved to amend the motion as follows : MOTION FAILED That we accept their letter which we received a few 0-5 weeks ago, not with an ending date of June 29, 1931, but as of February 1, 1981, and also that they pay all back bills owed to the Village. The motion was seconded by President Pro Tem Valente for dis- cussion. After Council further discussed the motion, it failed 0-5. Vice Mayor Moore moved to amend the motion as follows : MOTION AMENDED That all past owed bills from same named company (Turgeons , Inc. ) be paid immediately. The motion was seconded by Councilman Brown and all present voted aye. Thereafter Council voted on the main motion which MAIN MOTION passed, as amended, unanimously. PASSED 5-0 Councilman Brown moved that we direct the Village MOTION TO FIND Manager to find a substitute (for Turgeons , Inc. ) SUBSTITUTE & as soon as possible, which will keep the bar, serve NEGOTIATE WITH sandwiches and, that upon finding one, negotiate TURGEONS, INC . with Turgeons , Inc. to terminate by mutual agreement. TO TERMINATE The motion was seconded by Vice Mayor Moore and all BY MUTUAL present voted aye. AGREEMENT Minutes of Regular Session Held Thursday, January 8 , 1981 Page 5 Councilwoman Nolan moved that North Shore High School be NORTH SHORE permitted to use our tennis courts for their matches HIGH SCHOOL only. The motion was seconded by President Pro Tem PERMITTED TO Valente and all present voted aye. USE TENNIS COURTS FOR MATCHES ONLY ' Councilwoman Nolan moved that we reject Benjamin High MOTION DIED School' s request to use our tennis courts . The motion FOR LACK OF died for lack of a second. A SECOND President Pro Tem Valente moved that we allow Benjamin BENJAMIN HIGH High School to use our tennis courts for matches only. SCHOOL PER- The motion was seconded by Councilman Brown and passed MITTED TO USE 4-1, with Councilwoman Nolan opposed. TENNIS COURTS FOR MATCHES ONLY There being no further business to come before the ADJOURNMENT Council, on motion of Vice Mayor Moore, seconded by Councilwoman Nolan, all present voting aye, the - meeting was adjourned at 9 : 05 p .m. ' Minutes recorded by: Dolores R. W&�er, eCMC Village Clerk �r t7-1-7 a - _ -- — — 1'v`-cr-6''