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02-09-1984 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, FEBRUARY 9, 1984 Present: Tom Valente, Mayor V. A. Marks, M. D., Vice Mayor Craig Mundt, President Pro Tem ' Al Moore, Councilman Harriet Nolan, Councilwoman Raymond J. Howland, Village Manager Herbert L. Gildan, Village Attorney Joan Bernola, Finance Director Dolores R. Walker, Village Clerk Mayor Valente called the Regular Session to order at 7:30 p.m. ROLL CALL All members of the Council were present except Vice Mayor Marks, who arrived at 8:35 p.m. All members of the staff were present. Mayor Valente gave the invocation and President Pro Tem Mundt INVOCATION & led the Council and the public in the Pledge of Allegiance to PLEDGE OF the Flag. ALLEGIANCE The Minutes of Regular Session held Thursday, January 26, 1984 APPROVAL OF were approved as written. MINUTES Mr. John H. Flynn, President & Chief Executive Officer of Palm PRESENTATION OF Beach Blood Bank, Inc. presented to Patricia Martin, on behalf CERTIFICATE OF of the Blood Bank and the Village of North Palm Beach, a Certi- ACHIEVEMENT FROM ficate of Achievement in recognition of distinguished service PALM BEACH ' to the humane needs of our community. BLOOD BANK Councilman Moore requested to move the following items to the ITEMS MOVED FROM regular session agenda from the workshop session agenda: WORKSHOP AGENDA TO REGULAR Under Ordinances, Item 10 (d), Bill No. 440, lease- purchase of word processor, and Under Miscellaneous Business, Item 12 (e), bid award of word processor The following minutes stand as prepared: ACCEPTANCE OF MINUTES Minutes of Regular Meeting of Country Club Advisory Board held January 17, 1984 Minutes of Recreation Advisory Board Meeting held January 25, 1984 1"he following minutes will be sent back for correction: Minutes of Public Hearing of Planning Commission on rezoning of McLaren Road property held February 7, 1984 ' Minutes of Library Advisory Board Meeting held January 24, 1984 The recommendation of the Planning Commission that the zoning RECOMMENDATION OF be changed from R-1 to C-1 on the property located at 1831 PLANNING COMM. TO McLaren Road will be discussed in conjunction with Bill No. BE DISCUSSED IN 438, which is the proposed ordinance that would rezone this CONJUNCTION WITH property from Zoning District R-1 to Zoning District C-1. BILL 438 Minutes of Regular Session Held Thursday, February 9, 1984 Page 2 On motion of Councilman Moore, seconded by President Pro Tem BILL 435 PLACED Mundt, all present voting aye, Bill No. 435 entitled: ON FIRST READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH IN ACCORDANCE WITH THE REQUIRE- MENTS OF THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975 (CHAPTER 163, FLORIDA STATUTES) was placed on first reading and read by title alone. On motion of President Pro Tem Mundt, seconded by Councilwoman BILL 438 PLACED Nolan, all present voting aye, Bill No. 438 entitled: ON FIRST READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 47-15 OF THE ZONING CODE TO PROVIDE FOR THE REZONING OF PROPERTY AT 1831 McLAREN ROAD FROM R-1 ZONING DISTRICT TO C-1 ZONING DISTRICT was placed on first reading and read by title alone. On motion of Councilman Moore, seconded by President Pro Tem BILL 439 PLACED Mundt, all present voting aye, Bill No. 439 entitled: ON FIRST READING AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET FOR FISCAL YEAR 1983-84 BY APPROPRIATION TRANSFERS was placed on first reading and read by title alone. Councilwoman Nolan moved that Bi11,No. 440 entitled: MOTION TO PLACE BILL 440 ON FIRST AN ORDINANCE OF THE VILLAGE OF NORTN PALM BEACH, READING FAILED ' FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET FOR 2-2 FISCAL YEAR 1983-84 be placed on first reading and read by title alone. The motion was seconded by Councilman Moore and failed 2-2, with Councilman Moore and Councilwoman Nolan voting aye, and Mayor Valente and President Pro Tem Mundt voting nay. On motion of Councilman Moore, seconded by Councilwoman RES. 4-84 Nolan, all present voting aye, proposed. Resolution No. ADOPTED 4-84 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE GENERAL ELECTION TO BE HELD ON MARCH 13, 1984; NAMING THE TIME AND PLACE WHERE SUCH ELECTION SHALL BE HELD; APPOINTING THE ELECTION OFFICIALS FOR THE GENERAL ELECTION AND RUN-OFF ELECTION; DECLARING THE OFFICES TO BE FILLED AT SUCH ELECTION was read in full and adopted as read as Resolution No. 4-84. Councilwoman Nolan nominated Doug Brookbank for appointment DOUG BROOK6,4NK ' to the Recreation Advisory Board. Councilman Moore nominated TO BE APPOI".TED Mr. Moran. After the ballots were counted, it was determined TO REC. AD. BD. that Doug Brookbank be appointed to the Recreation Advisory & HIS NAME WAS Board. PLACED ON RES. 5-84 On motion of Councilwoman Nolan, seconded by President Pro RES. 5-84 Tem Mundt, all present voting aye, proposed Resolution No. ADOPTED 5-84 entitled: Minutes of Regular Session Held Thursday, February 9, 1984 Page 3 A RESOLUTION OF THE VILLAGE.COUNCIL OF NORTH PALM BEACH , FLORIDA, APPOINTING A MEMBER TO THE RECREATION ADVISORY BOARD OF THE VILLAGE OF NORTH PALM BEACH was read in full and adopted as read as Resolution No. 5-84. President Pro Tem Mundt nominated Robert D. Willets for appoint- R. WILLETS TO BE ment to the Country Club Advisory Board. Councilman Moore APPOINTED TO CC nominated Arthur C. Loreto. After the ballots were counted, AD. BD. & HIS NAME it was. determined that Mr. Willets be appointed to the Country WAS PLACED ON RES. Club Advisory Board. 6-84 The ballots will be attached.to the minutes of this meeting. On motion of Councilwoman Nolan, seconded by President Pro Tem RES. 6-84 Mundt, all present voting aye, proposed Resolution No.,6-84 ADOPTED entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE COUNTRY CLUB ADVISORY BOARD OF THE VILLAGE OF NORTH PALM BEACH was read in full and adopted as read as Resolution No. 6-84. The meeting was recessed at 8:00 p.m. to reconvene the Public RECESS Hearing on Bill No. 435. The meeting was reconvened at 8:02 p.m. MEETING RECONVENED The meeting was recessed at 8:10 p.m. while the Village Clerk MEETING RECESSED went to get the Village Charter for the Village Attorney and AT 8:10 P.M. TO was reconvened at 8:13 p.m. GET CHARTER & RECONVENED AT 8:13 P.M. President Pro Tem Mundt moved that we consider a motion that MOTION RE the Village Council through Counsel to Judge Kapner ask to WINTER CLUB ORD. declare whether the initiative proposal, which is 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, can be validly voted upon by the public. The motion was seconded by Councilman Moore. Vice Mayor Marks arrived at 8:35 p.m. Councilman Moore moved to amend the motion as follows: That AMENDMENT TO we ask the people who presented the petition to agree that that MOTION FAILED ordinance would not be submitted voluntarily upon the condition 2-3 that the Village Council would put on the ballot the simple question as to retain the building or to tear it down, and upon that agreement they would agree not to press forward with this ordinance, and the Village would not put that ordinance on the ballot. The motion was seconded by Councilwoman Nolan and failed 2-3, with Vice Mayor Marks and Councilman Moore vot- ing aye, and Mayor Valente, President Pro Tem Mundt and Council- woman Nolan voting nay. Councilwoman Nolan moved to amend the amendment as follows: AMENDMENT TO That we seek agreement with the proponents of the ordinance AMENDMENT FAILED that the ordinance not be placed on the ballot, and in its 2-3 place to submit a question to the electorate at the next Minutes of Regular Session Held Thursday, February 9, 1984 Page 4 election and they would vote either to have the building torn down, which would be probably persuasive on the Village Council, or they would vote to retain the building and seek to refurbish it within a two year period without expending Village funds for reconstruction or refurbishment. The motion was seconded by Councilman Moore and failed 2-3, with Councilwoman Nolan and Councilman Moare voting aye, and Mayor Valente, Vice Mayor Marks ' and President Pro Tem Mundt voting nay. Councilwoman Nolan moved to reconsider the vote on Councilman Moore's original amendment (which was to simply ask the elector- ate if they wish to retain the building or have it torn down). Mayor Valente passed the gavel to Vice Mayor Marks and seconded the motion. The motion passed 4-1, with President Pro .Tem Mundt opposed. Thereafter Council voted..on the main motion, as amended, which passed unanimously. The meeting was recessed at 9:15 p.m. and was reconvened at 9:30 p.m. Councilwoman Nolan moved that we approve Perry Cable TV Corporation's rate increase as. reasonable in accordance with the franchise agreement with the Village of North Palm Beach. The motion died for lack of a second. President Pro Tem Mundt moved that the proposed rate increase made by Perry Cable TV based upon the evidence that we heard and the testimony is not a. reasonable rate increase and we will not approve the increase as.requested. The motion was seconded by Vice Mayor Marks and passed unanimously. Councilman Moore moved that Council recommend the following: $8.50 for single family service $5.80 for bulk billed multi-family service $1.50 for additional outlet for private and multi-family $29.95.for initial installation charge $10.00 for additional outlet installation $4.60 far hotel/motel Mayor Valente passed the gavel to Vice Mayor Marks and seconded the motion. President Pro Tem Mundt moved to amend the motion to increase the charge for additional outlet from $1.50 to $2.50 for private and multi-family. The motion died for lack of a second. Councilwoman Nolan moved to amend the amendment to increase the charge for additional outlet from $1.50 to $2.00 for private and multi-family. The motion was. seconded by President Pro Tem Mundt and passed 4-1, with Councilman Moore opposed. Vice Mayor Marks returned the gavel to Mayor Valente. ' Vice Mayor Marks moved to amend. the amendment to increase the rate for single family service from $8.50 to $9.OQ. The motion died for lack of a second. Thereafter Council voted on the main motion, as amended, which passed unanimously. COUNCILMAN MDORE'S ORIGINAL AMENDMENT RECONSIDERED & VOTED ON - PASSED 4-1 MAIN MOTION PASSED 5-0 RECESS MOTION DIED FOR LACK OF A SECOND MOTION THAT WE NOT APPROVE THE PERRY CABLE TV INCREASE AS REQUESTED MOTION RE PERRY CABLE TV RATE INCREASES MOTION DIED FOR LACK OF A SECOND CHARGE FOR ADDITIONAL OUTLET INCREASED FROM $1.50 TO $2.00 MOTION DIED FOR LACK OF A SECOND MAIN MOTION, AS AMENDED, PASSED 5-0 Minutes of Regular Session Held Thursday, February 9, 1984 Page 5 _ , [1 Vice Mayor Marks moved that we authorize the Village Manager to SICK LEAVE POOL initiate a Sick Leave Pool for Village employees and to add this as INITIATED a new section to our Personnel Rules .and Regulations, and that we also add Section 10.04 (j) stating that employees must be employed for at least one year before they can draw on the Sick Leave Pool. The motion was seconded by Councilwoman Nolan and passed unan- imously. Councilwoman Nolan moved that we approve the purchase of library APPROVAL FOR shelving from Newton Seating Company in the amount of $2,308 to PURCHASE OF be expended from Account No. 41-571-64.20 (Furniture and Office LIBRARY SHELVING Equipment). The motion was seconded by President Pro Tem Mundt and passed unanimously. Vice Mayor Marks moved that Bill No. 440 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH BUDGET FOR FISCAL YEAR 7983-84 1 be placed on first reading and read by title alone. The motion was seconded by Councilman Moore and passed 4-1, with President Pro Tem Mundt opposed. There being no further business to come before the Council, the meeting was adjourned at 9:45 p.m. ~J`~-~ ;~' ®~ ~ ~ ~' ?tee Minutes recorded by: Dolores R. Walker, CMC Village Clerk BILL 440 PLACED ON FIRST READING ADJOURNMENT ~~ ~~ /~/ ~ lill ~~ ~~ ,7~ ~o ~A .v ~, . ~' s~J N o o v' t~A.u'K ~~40/---f~/~ ~L w4 1/a~ ~ I 2/y~~~f ~}~~~c ~~~~ ~~ j~ ~~ iI ~. ~~2 II II' ~ _- -- ~~~~~