02-20-1984 VC SP-MMINUTES OF SPECIAL SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD
MONDAY, FEBRUARY 2D, 1984
Present: Tom Valente, Mayor
V. A. Marks, M. D., Vice Mayor
' Craig Mundt, President Pro Tem
Al Moore, Councilman
Harriet Nolan, Councilwoman
Charles R. O'Meilia, Acting Village Manager
Herbert L. Gildan, Village Attorney
Dolores R. Walker, Village Clerk
Mayor Valente called the Special Session to .order at 7:30 p.m. ROLL CALL
All members of the Council and the staff were present.
The purpose of this Special Session is to discuss the direction PURPOSE OF
the Council is to take with regard to the Winter Club Ordinance SPECIAL SESSION
in view of the Court Order.
Mr. Herbert L. Gildan, Village Attorney, stated that he is not COMMENTS OF
sure that he fully understands what the Order says, but one VILLAGE ATTORNEY
thing appears to be clear ---that there is an Order and apparently
the Village Council does not consider the ordinance as the charter
calls for, but that you put that on the ballot the 13th of March,
and that questions of implementation -- whatever that means --
can be decided in the future. Since the ballot. has to be deter-
mined by apparently not later than this Friday in order for
Jackie Winchester to get it, or sooner if possible, I think
you have got to have certain direction as to what the Council
wishes to do under what I believe are the alternatives open to
the Council. One is to simply put it on the ballot. Don't con-
sider it as an ordinance but just do.that, and I guess attempt
to do all the various things that. ordinance calls for, however
you would do that.
A second alternative is to seek rehearing of the Court Order
and if it remains as is -- and I don't know that we would have a
rehearing by Friday -- regardless of that you can put it on the
ballot anyway, or put it on the ballot in case under rehearing
it came to a different position you could, while it would still
remain on the ballot, not necessarily be guided by it, or you
could determine that there would be an appeal and a stay would
be sought as to the Order, so that it either would not appear
on the ballot, or you could put a question on the ballot you voted
last time, which was the simple question of determining whether or
not a majority of our registered voters are in favor of retaining
it, or having it torn down. And with that question on, still appeal
the present ordinance, with the mandates that you sign a contract
with unknown parties, items of parking, all the various things that may
or may not be what the court is talking about in implementation, and
I think that not because the legal time for rehearing or appeal is up,
but because the question of putting it on the ballot,-needing a
' decision before, I think, Friday and hopefully sooner than that,
that the Council ought to determine what direction to proceed in,
then we all can go in the same direction.
Councilwoman Nolan moved that per the Order of Judge Kapner on MOTION PER ORDER
the 13th day of February, the Village Council is directed to place OF JUDGE KAPNER
the question on the ballot for the March 13, 1984 election, and I FAILED 0-5
move that we do so. The motion was .seconded by Councilman Moore
and failed 0-5.
Minutes of Special SeSSion
Held Monday, February 20, 1984
Page 2
Mayor Valente passed the gavel to Vice Mayor Marks and made the YES OR NO VOTE RE
following motion: That we put on the ballot a yes or no vote,, WINTER CLUB TO BE
and let the people vote to save the Winter Club or not. The motion PLACED ON BALLOT
was seconded by Councilman Moore and passed unanimously.
Vice Mayor Marks returned the gavel to Mayor Valente.
' Councilwoman Nolan moved that we move fora rehearing and seek MOTION FOR REHEARI
a stay of the Court Order, and if the rehearing is not granted & STAY OF COURT
that we seek an appeal and seek to stay the proposed ordinance ORDER PASSED
going on the ballot. The motion was seconded by President Pro 5-0
Tem Mundt and passed unanimously.
There being no further business to come before the Council, ADJOURNMENT
the Special Session was adjourned;at~°8:30 p.m.
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Minutes recorded by: Dolores R. Walker, CMC
Village Clerk