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11-10-1983 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, NOVEMBER 10, 1983 [l AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING,SECTION 10.6 (a) OF THE VILLAGE CODE TO CHANGE THE QUALIFYING PERIOD FOR CANDIDATES FOR THE VILLAGE ELECTION Present: Tom Valente, Mayor V. A. Marks, M. 0., Vice Mayor Craig Mundt, President Pro Tem Al Moore, Councilman Charles R. 0`Meilia, Acting Village Manager Herbert L. Gildan, Village Attorney Dolores R. Walker, Village Clerk Absent: Harriet Nolan, Councilwoman Mayor Valente called the Regular Session to order at 7:30 p.m All members of the Council were present except Councilwoman Nolan, who was out of town. All members of the staff were present. President Pro Tem Plundt gave the. invocation and Councilman Moore led the Council and the public in the Pledge of Allegiance to the Flag. The Minutes of Regular Session held Thursday, October 27, 1983 were approved as corrected. Mayor Valente, on behalf of the Village, presented a plaque and a gift certificate to Vernon Moore. for his twenty years of dedicated service to the Village. The Minutes of Special Meeting of Planning Commission held RCCEPTANCE OF October 18, 1983 stand as prepared; and the Minutes of Meeting MINUTES of Pension Board for General Employees held October 24, 1983 - stand as corrected. On motion of Vice Mayor Marks, seconded by President Pro Tem Mundt, all present voting aye, Bill No. 429 entitled: was placed on first reading and read by title alone. On motion of President Pro Tem Mundt, seconded by Councilman Moore, all present voting aye, Bill No. 431 entitled: ROLL CALL INVOCATION & PLEDGE OF ALLEGI APPROVAL OF MINUTES PRESENTATION OF PLAQUE & GIFT CERTIFICATE TO VERNON MOORE BILL 429 PLACED ON FIRST READING BILL 431 PLACED ON FIRST READING & READ IN FULL AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET FOR FISCAL YEAR 1983.-84 BY APPROPRIATION TRANSFERS 1 was placed on first reading and read in full. On motion of President Pro-Tem Mundt, seconded. by Vice P4ayor Marks, all present voting aye, Bill No. 431 was placed on second reading and read by title alone. BILL 431 PLACED ON SECOND READING & READ BY TITLE ALONE Minutes of Reguiar Session Held Thursday, November T0, 1983 Page 2 An emergency exists requiring the passage.of this ordinance at one night because,a fire engine needed emergency repairs and this could not wait until the next regular session of the Village Council which is scheduled for December 8, 1983. On motion of President Pro Tem Mundt, seconded by Vice Mayor Marks, all present voting aye, Bi11 No. 431 was adopted as ' Ordinance No. 17-83. Councilman Moore moved to place on the regular session agenda to- night discussion of annexation classification of the property on McLaren Road. The motion-was seconded by President Pro Tem Mundt and was discussed. After discussion, Councilman Moore moved that we remove Item 11 (a) (Resolution concerning annexa- tion -McLaren Road) from the agenda. The. motion was seconded by President Pro Tem Mundt and passed unanimously. On motion of Vice Mayor Marks, seconded by Councilman Moore, all present .voting aye, proposed Resolution No. 43-83 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE ANNUAL CONTRACTS LET BY PALM BEACH COUNTY FOR VARIOUS PUBLIC WORKS MATERIALS, AND PROVIDING AN EFFECTIVE DATE was read in full and adopted as read. as Resolution No. 43-83. Councilman Moore-moved that we grant Save the Winter Club, Inc. time for a presentation on different proposals for use of the Winter Club. The motion was seconded by President Pro Tem Mundt. President Pro Tem Mundt moved to amend the motion as follows: That a twenty minute time limit be placed on this item. The motion was seconded by Vice Mayor Marks and passed 3-1, with Councilman Moore opposed. Thereafter Council voted on the main motion, as amended, which passed unanimously. Mr. Ted Babbitt, attorney, residing at 142 Bowsprit, addressed the Council as follows: He said that Save. the Winter Club, Inc. have a proposed ordinance, we would like you to consider. We don't expect that you will pass this ordinance, a7 though we would certainly ask that you do that. It is an initiative ordinance pursuant to Article III, Section 10 (a) (1) of the Village Code. We are prepared in the event that you do not pass the ordinance to provide the necessary affidavits and to file those affidavits with the. Clerk tonight to have a petitioners' committee appointed to get the necessary signa- tures on a petition to have the matter placed on a ballot. How- ever, I would simply ask this Council to consider that in lieu of that; that is in lieu of having, in essence, some. individual citizens place this matter on the ballot in light of what has happened in the past and in light of the present situation that you either vote in the ordinance, or failing that, that you vote to place this matter on the ballot yourself, thereby allowing all the citizens in North Palm Beach the opportunity to vote on this matter, to have the matter put before the voters upon a REASON FOR EMERGENCY ORDINANCE BILL 431 ADOPTED AS ORD. No. 17-83 ITEM 11 (a) REMOVED FROM AGENDA (ANNEXA- TION = McLAREN ROAD) RES. 43-83 ADOPTED MOTION TO GRANT SAVE THE WINTER CLUB, INC. TIME FOR A PRESENTATION ON PROPOSALS FOR WINTER CLUB MOTION AMENDED MAIN MOTION, AS AMENDED PASSED UNANIMOUSLY ATTORNEY TED BABBITT'S COMMENTS Minutes of Regular Session Held Thursday, November 10, 1983 Page 3 binding ordinance, not a non-binding resolution, but a binding ordinance with all the facts before them. Mr. Babbitt then read the proposed ordinance, entitled: An ordinance providing for the retention of the structure known as the Winter Club, or Oakes Building, and for its restoration without requiring the expenditure of Village ' funds or the levying of additional taxes, and providing safeguards with respect to the use of the building - in total. Mr. Babbitt continued as follows: Gentlemen, you know there is provision in the Code that allows citizens to provide in- itiative election. We can put this ordinance on the ballot because I think we have the votes necessary, the names necessary, to get a petition to require you to put it on the ballot. But I would suggest to you today in light of what has happened, in light of the feelings that are surrounding this issue, that it would not only be in the best interest of the Village and its residents, but in the best interest of this Council to avoid any suggestion of political cronyism, to avoid any suggestion of influence, by voting tonight to simply allow the voters of North Palm Beach to decide this issue. Mr. Walter J. Mackey, Jr., President of RM Financial Corporation, PROPOSAL, BY W. J. addressed the Council and presented a-proposal from that cor- MAC KEY, JR. poration on the Winter Club to the Council. A copy of the proposal is attached to the minutes of this meeting. Vice Mayor Marks moved that we authorize payment in the amount AUTHORIZATION FOR of $5,890 to 6e expended from Account No. 22-522-46.10 (Fire PAYMENT TO REPAIR Prevention - R&M Automotive) for repair of Engine No. Two, ENGINE N0. TWO Fire Department. The motion was seconded by President Pro Tem Mundt and passed unanimously. Councilman Moore moved that we do.not engage the services of SERVICES OF MAY May Zima, our CPA firm, as a consultant to assist the Village ZIMA NOT ENGAGED in the selection of a computer, in an amount not to exceed FOR SELECTION OF $1,950. Mayor Valente passed the gavel to Vice Mayor Marks COMPUTER and seconded the motion for discussion. After discussion, the motion passed unanimously. Vice Mayor Marks returned the gavel to Mayor Valente. President Pro Tem Mundt moved that we approve the purchase of MOTION TO APPROVE 30,000 scorecards for the North Palm Beach Country Club from- PURCHASE OF SCORE- Golf Course Supply in the amount of $1,375.00, to be expended CARDS FROM GOLF from Account No. 11.2-572-47.10 (Golf Shop - Printing & Binding). COURSE SUPPLY The motion was seconded by Vice Mayor Marks. Councilman Moore moved to amend the motion to explain why the MOTION AMENDED bid was not awarded to the lowest bidder; namely, that the scorecards from Golf Course Supply are better quality and do not need to come to us for proofreading, etc., as outlined in Steve Sandusky's letter of November 2, 1983. The motion ' was seconded by Vice Mayor Marks and passed unanimously. Thereafter Council voted on the main motion, as amended, which MAIN MOTION PASSED passed unanimously. UNANIMOUSLY Minutes.of Regular Session Held Thursday, November 10, 1983 Page 4 President Pro Tem Mundt moved that we cancel the Council Meet- CANCELLATION OF ings of Thursday, November 24th, due to the Thanksgiving Holiday, MEETINGS FOR and Thursday, December 22nd, due. to the Christmas Holidays. The THANKSGIVING & motion was seconded by Councilman Moore and passed unanimously. CHRISTMAS HOLIDAYS Councilman Moore moved that we postpone the Fitness Card ' Program sponsored by the American Lung Association until our regular session of Thursday, December 8, 1983. The motion was seconded by President Pro Tem Mundt and passed unanimously. There being no further business to come before the Council, the meeting was adjourned at 8:20 p.m. Minutes recorded by: Dolores R. Walker, CMC Village Clerk 1 1 FITNESS CARD PROGRAMI POSTPONED UNTIL DEC. 8, 1983 ADJOURNMENT