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10-14-1982 VC REG-M MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACfi, FLORIDA HELD THURSDAY, OCTOBER 14, 1982 _ Present: Al Moore, Mayor W. H. Brown, Vice Mayor Harriet Nolan, President Pro Tem V. A. Marks, M.D., Counci]man Tan Valente, Councilman. Raymond J. Howland, Village Manager Herbert L. Gildan, Village Attorney Dolores R. Walker, Village Clerk Mayor Moore called the Regular Session to order at 7:30 p.m. ROLL CALL A11 members of the Council and the staff were present. Councilman P4arks gaue the invocation and Coumci_iman Valente lif~70CATI0N & led the Council anal the puablic in the Pledge of Allegiance PLEDGE OF to the Flag. ALLEGIANCE On motion of Councilman. Valente; seconded by Vice Mayor Brown,- APPROVAL OF all present voting aye, the following minutes were approved MINUTES as written: Minutes of Public Hearing on 1982-83 Buidget held Thuarsday, Septannber 23, 1982 Minutes of Public Hearing an Bill No. 405 held Thursday, September 23, 19$2 Minutes of Regular Session held Thursday, September 23, 1982 Mayor Moore, on behalf of -the Village, presented a medal and PRESENTATION a certificate (Wounded in Combat Award) to PSO Jobn Hawes OF CClKB.9T GAUND for distinguished performance of an act of gallantry at imni- AWARD Td PSO neat personal risk to his life in the service of the Public JOHN HALES Safety Department. ~ motion o£ President Pro Tem Nolan, seconded by Councilman ACCEPTANCE OF Valente, all present voting aye, the .following minutes were MIIV[TtES accepted by the Council: Minutes of Regular Meeting of Planning Comxri.ssion held September 7, 1982 Minutes of Regular Meeting of North Palm Beach Country Club Advisory Board held 5ept~ber 21, 1982 Minutes of North Palm Beach Library Advisory Board Meeting held September 28, 1982 The Crnuntry Clvb Advisory Board's recamuendation that the CC AD. BD. Village Council accept Club Design, Inc.'s proposal to RECCSM~IDATION suxpply three boards with ads and one board without ads for WITEIDRAWN FRC{~1 locations at appropriate places, suabject to the approval of AGEDIDA the Village Attorney of the concept and the right of approval of individual ads to remain with the Club Administrator was withdrawn from the agenda. Vice Mayor Brown moved that tTie recommendation of tTae Country MOTION TO DENY Clurb Advisory Board that no priority treat~esut be given for CC AD. BD. any individual or group as far as golf starting times is RECIDATION concerned be denied because it is too all inclusive. The uu~tion was seconded by Councilman Marks . Minutes of Regu7.ar Session Held Thursday, October 14, 1982 Page Z President Pro Tau Nolan moved to amend the motion as follows: MOTION DIED That-the MCA, the WGA, and the Businessmen's starting times FOR LACK OF A on Saturday and Sunday should r~ena-n the same, but no othex SECOND special tee-off or priority treatment should be given to any individual or groups as far as starting times are concerned. The motion died for lack of a second. Thereafter Council voted on the main motion which passed un- MAIN MOTION aniunusly. PASSID 5-0 Councilman Marks moved that we accept the recommendation of IV%)TION TO the Country Clvb Advisory Board that we participate in the ACCEPT REC(XK- 1983 Cancer-Golf Program at the North Palm Beach Country Club MENDATION dF for the 1983 marrnar season. The motion was seconded by Council- CC AD. BD. man Valente. Vice Mayor Brawn moved to amend the .motion to include the MOTION ANIFSIDID American Ltmg Association card. The anti=on was seconded by President Pro Tem Nolan and all present voted aye. Thereafter Council voted on the main motion, as amended, which MAIlV MOTION passed tma*+~mm~aly. PASSID 5-0 Vice. Mayor Brown moved that we accept the reconmendatian of the LIBRARY AD. BD. North Palm Beach Library Advisory Board that library fines be RECQDATION Changed to the following: 2S day books - 5 cents per day over- ACCEPTID -- due; 7 and 14 day books, records and cassettes - 10 cents per day overdue. The nation was seconded by Councilman Marks and all present voted aye. On motion of Councilman. Valente, seconded by President Pro Tem BILL 408 PLACID Nolan -- 4-I, with Mayor Moore opposed -- Bill No. 408 en- ON SECOND READ- titled: IIPTTG AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SEGTI~15 6-75, 6-76, 6-79 AND 6-80 OF THE VILLAGE CODE BY REPEAT_TnlG THE REQUIRII~NT FOR CONTRACTORS TO POST A $2,000 SURETY BOND, AND REPEALITdG SECTION 6-80 (c) TO P-II~NffT AN C~+II~TER OF A RESIDEL~CE IN THE VILLAGE OF NORTH PALM BEACH TO REPAIEL, ALTER OR ADD TO HIS OWN RESIDINCE L+TITHOUT LII~SIITATION was placed on second reading and read by title alone. On motion of Councilman Marks, seconded by President Pro Tem BILL. 408 ADOPTID Nolan, 4-1, with Mayor Moore opposed, Bi11 No. 408 was adopted AS ORD. 19-82 as Ordinance No. 19-82. Vice Mayor Brown moved that Resolution No. 42-82 entitled: MOTION TO ADOPT RES, 42-82 A RESOLUTI~I OF 7.81E VTT T A(;F' COUNCIL OF THE VII;LAGE OF NORTH PALM BEACH, FLORIDA, AMEDIDING THE PERSONNEL REGULATIONS BY RIDEEIN'ING A PART-TIME Il~IPIAYEE AND ELIMCNATING ANY QUESTION OF FRINGE BENEE'TTS FOR PART- TIME EMPIAYEE be adopted. The motion was seconded by Councilman Marks. President Pro Tem Nolan moved to amend the motion as follows: MOTION DIED FOR That Section 1 be amended to .read 20 hours per week or less L4CK OF A SECCND than 1,040 hours per year. The motion died for lack of a second. Mayor Moore passed the gavel to Vice Mayor Brown and made the MOTION AMENDID- following motion: That Section 1 be amended as follows: i P4inutes o,~ regular Se~sian Held Thursday, October 14, 1982 Page 3 20I(N) Part-Time Employee. An employee who is designated Part- Time or Temporary Part-Time who normally is scheduled to work Less. than the regular number of hours scheduled in the depart- went where he or she is employed. The rrotion was seconded by Councilman Marks. Councilman Valente moved to mend the amendment as follv~s: MOTION Ta AMEND That this would go into effect on October 1st for all new AMFNfY~'N'P FAILID employees, but that axryone who was on the payroll as of 2-3 October 1st-is exempt from this for one year. The motion was seconded by President Pro Ten Nolan and failed 2-3, with Mayor Moore, Vice Mayor Brown and Councilman Marks opposed. The Council then voted on the first amenc~nent ~ni.ch passed FIRST AN7T 3-2, with President Pro Tan Nolan and Councilman Valente PASSID 3-2 opposed. Thereafter Council voted on the main motion, as amended, MAIN MOTION which passed 3-2, with President Pro Tan Nolan and Council- PASSID 3-2 man Valente opposed. Vice Mayor Brown returned the gavel to Mayor Moore. Councilman Marks moved that Resolution No. 43-83 entitled: MOTION TO ADOPT RES A RESOLUTI~l OF THE ~~r.rar:~: COUNCIL OF NORTH PALM BEACH, 43-83 FIARIDA, AMEDIDING THE PELZ50NNEL REGUTATIONS FOR VTTSAI,F: ENff'I~OYEES BY CHANGING THE REQU'~'R'G FOR ANNUAL LEAVE be adopted. The motion was seconded by President Pro Ten Nolan. Vice Mayor Brown moved to amend .the motion as follows: MOTION AMENDID a) AMOUNT OF VACATION AND ELIGIBILITY REQUIRII~fII.VTS: 1. Amount of Vacation Days with Pay Eligibility Requirements 20 12 years or more of continuous service completed by October 1 15 7 years or more of continuous service completed by October 1 10 On payroll on or before May 31 5 On payroll between June 1 and October 1 No vacation Hired on or after October 1 2. aa) An employee hired during the fiscal year must bane couq~leted at least 6 months of continuous service in order to qualify for a vacation and to be entitled to the vacation pay allowance. bb) An employee must have been actively in the employ of the Village an September 30th of the prior fiscal year. cc) An employee must have worked not less than. 75% of the regularly scheduled working days of the Village dining the prior fiscal year. dd) If an employee who is eligible for a vacation during Minutes o~ Regular Meeting Held Thursday, October 14, 1982 Page 4 the fiscal year should die or tPY**~;nate for any reason, except discharge, an or after October let but prior to the time of the employee`s vacation, the vacation pay allowance will be paid. ee) For each month worked during the c~zg fiscal year, an employee who retires, tPrm;nates for any reason, except discharge, or dies during the fiscal year will be paid for 1/12th of the vacation for which he or she would have been eligible in the coming fiscal year, provided the employee worked 75% of the regularly scheduled work days in the current fiscal year prior to tPmm~*+ation. A 'month worked` is any month in which the employee worked at least one day. To determine the amount of pro rata vacation allowance, divide the number of months worked in the current fiscal year by 12, then multiply the resulting percentage by the ntmiber of vacation days for which the m~ployee would have been eligible in the caning fiscal year. The result should be rounded u~ to whole days. ff) The vacation year rims fry October 1 to September 30. The motion was seconded by Cotmcilman Marks and all present voted aye. Thereafter Council voted an the main motion, as amended, which passed MAIN MOTION t ma~~~1y. PASSID 5-0 President Pro T~ Nolan utoved that we authorize the Mayor to sign AGREFMLN'NT WITH the Agreerent with Richard Kelton & Associates, Inc. (for consult- KELTON & ing services in connection with a multi m~micipality suit to re- ASSOCIA7~5 - cover funds fran the Palm Beach County Road and Bridge Fvnd) in ROAD & BRIDGE an amount not to exceed $2,500, to be expended £ran Account No. FUND SUIT 15-5I4-31.11. The motion was seconded by Vice Mayor Brown and all present voted aye. CouncilmanZ Marks moved that we authorize the Village Manager_to MOTION TO sell various surplus items (one 1956. Ford 1,000 gallon pumper, AUTHORIZE approximately 30 Buchner time control clocks and one 8 ft. VIISAGE MGR. vault). The motion was seconded by President Pro Tem Nolan. TO SELL SUR- PLUS ITFl1S Councilman Valente moved to mend the motion as follows: That N%)TION AMQVDID we keep the vault at this time. The action was seconded by President Pro Tem Nolan for discussion. The motion passed 3-2, with Vice Mayor Brown and Cotimcilmim Marks opposed. Thereafter Council voted on the main motion, as amended, MAIN MOTION which passed tmanimously. PASSID 5-0 Vice Mayor Brown moved that Council approve the 1982-83 NATION TO Village employees' holiday schedule which was modified and APPROVE sent to the Council on Tuesday, October 12, 1982 (copy of 1482-83 which is attached to the minutes of-this meeting). The F2~LOYEES' motion was seconded by President Pro Tgn Nolan for discussion. HOLIDAY S~TnF President Pro Tan Nolan moved to amend the motion as follows: MOTION DIID That we delete Thtffsday, December 23rd, and Thursday, December FOR LACK OF 30th, and in lieu give one-half o£ the Village employees Decem- A SECOND ber 23rd off and one-half of the Village employees December 30th off. The motion died for lack of a second. ~- . ~ r ~ Minutes of Regular Session Held Thtffsday, October 14, 1982 Page 5 Cmmcilman Marks moved to amend the motion as follows: That MOTION TO we. delete both Thursday, December-23rd, and Thursday, Decen- AMEND FAIII:D her 30th, from the scheduled holidays and in .lieu of that 2-3 give the anployees one additional holiday sometime whenever they want to take it. The motion was seconded by President Pro T~ Nolan and failed 2-3, with Mayor Moore, Vice Mayor Brawn and Crnmci7man Valente opposed. Thereafter Council voted on the main motion which passed 3-2, MAIN MOTION with President Pro Tan Nolan and Councilman Masks opposed.. PASSID 3-2 Vice Mayor Brown moved that we revoke the license of Gregory REVOCATION J. Braxton, AKA J. G. Braxton, under-the provisions of Section OF LICENSE 17-30 of the Village Code for the reasons set forth in the OF GREGORY memorandum from John S. Atwater to the Village Manager dated J. BRAHI'ON October 14, 1982 (copy of which is attached to the minutes of this meeting). The srotion was seconded by Councilman Valente and all present voted aye. Councilman Valente moved that we pay M'r. Lorne Hunsberger the AUTfi0RI7ATI0N sisn of $2,730 to be expended from Account No. 61-519-99.ll T'0 PAY L. (for professional services during August and September 1982 HUNSBERC~R - relating to investigating the Perry Cable TV rate application). PERRY CABLE The motion was seconded by President Pro Ten Nolan and all TV RATE present voted aye. APPLICATION There being no further business to cane before the Cotimcil, AATOi1RNMENT on motion of President Pro Ten Nolan, seconded by Coimcilmai Valente, all present voting aye, the meeting was adjourned at 9:12 p.m. Minutes recorded by: Dolores R. Walker, Q~lC Village Clerk 1482-83 EM4'I.OXEE. HOLIDAYS VETERAN'S DAY THURSDAY, NWEP'BER ll THANKSGIVING TH[RSDAY, NOVEMBER 25 DAX AFTER THANKSGIVING FRIDAY, NOVF1~IIt 26 ADDTTICiQAL CIiRISII~IAS HOLIDAY THURSDAY, DECIIdRIIt 23 (~?22STMAS DAY FRIJJAY, DECQ~ER 24** ADDITI~IAL NEW YEAR`S HOLIDAY THURSDAY, DECEMBER 30 NEW YEAR'S DAY FRIDAY, DECII~IBER 31~k MII~RIAL DAY MGDIDAY, MAY 30 II~IDEPEPIDELVCE DAY MONDAY, .7ULY 4 ~ LABOR DAY MONDAY, SEPTII~ 5 ~^'ALTHOUGH CHI2ISII7AS DAY ACTUALLY IS CELEBRATED ~ DECk2~BF12 25TH AND NEW YEAP.`S DAY IS CEL~A'~'n CN .7ANUARY 1ST, SINCE BOTH OF THESE HOLIDAYS FALL ODI A SATURDAY THI5 YEAR, THE vrr7A[;F: EMPLOYEES WOULD HAVE FRIDAY, DECFDIBER 24TH AND FRIDAY, DECEMBER 3LST AS THEIR HOLIDAYS. 10/12/82 APPROVID BY VILLAGE COLQICIL OGT, 14, 1482 _ C' o~i~'s : ~o.vve/L - - ~DLI.QC r ~~c/ / O / ~ CY-L~- ~1/ ~ / / roFF~A~ ~ ~ rwE~oR~,Nn~~ \A~PALM~~4 ~j~ t O: RAY HOWLAND, VILLAGE MANAGER _-_ -_ dat0: OCTOBER 14, 1982 frort~: JOHN S. ATWATER, DIRECTOR DEPARTMENT OF PUBLIC SAFETY S U b j @ C ~ : DIRECT MARKETING COMPANY - GREGORY J. BRAXTON, aka J.G. BRAXTON; REVOCATION OF LICENSE On 10/13/82, one J.G. Braxton, Direct Marketing Company, P.O. Box 569, Miami, Florida, obtained an occupational license for one month until 11/13/82 for $100.00. His business is sellis~ cleaning cloths door to door. He began operations on 10/13/82 and by 10/14/82, this office had received one inquiry and three complaints on him.. Following one complaint at approximately 11:00 A.M. 10/14/82, I .- --- spoke to Braxton as it was reported that he was a high press~e type, extremely reluctant to take " no" for an answer and difficult to get rid of. I advised Braxton that we had received three complaints and ' that while he was allowed to solicit, complaints about him bordered on harrassment and I suggested he moderate his approach so that this department would not continually be receiving these type of calls.. He agreed. At approximately 1:30 P.M., this office received a call concern' b the high pressure tactics of a door to door salesman in the 600 block of Kingfish Road. It was related that .the complaintant had purchased a cleaning cloth based on his statements that the neighbors had just bought one *3nich tLn_-ns out to be false. One complainant reported that he had followed her through the house picking up silverware and other objects and that she did not actually lmow how to get him out of the house. This ccxi~lainant now asking for extra patrol as she now fears he was "casing her home." Under provisions o£ Section 17-30, it is being requested that in the interest of public peace, health, safety, welfare, harmony and good order of the neighborhood that this matter be presented for revocation to the Council. Mr. Hcxaland October 14, 1982 Page Zt~w I would appreciate it if iamediate action could be taken so ttrat a portion of the fee can be refunded to Braxton and he can be denied father door to door solicitation within the Village. JSA: j 1