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12-14-1989 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, DECEMBER 14, 1989 Present: Judy M. Pierman, Mayor ' Jerry G. Gardner, Vice Mayor V. A. Marks, M.D., Pres9.dent Pro Tem Al Moore, Councilman Tom Valente, Councilman Dennis W. Kelly, Village Manager Alan Armour, Village Attorney Dolores R. walker, Village Clerk ROLL CALL Mayor Pierman called the Regular Session to order at 7:30 p.m. All members of the Council and the staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Pierman gave the invocation and Vice Mayor Gardner led the Council and the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following minutes were approved as written: Minutes of Public Hearing on Comprehensive Plan held Thursday, November 9, 1989 ' Minutes of Public Hearing on Rezoning of Milling Property held Thursday, November 9, 1989 Minutes of Regular Session held Thursday, November 9, 1989 Minutes of Special Meeting held Tuesday, November 28, 1989 REPORT OF THE MAYOR Mayor Pierman, on behalf of the Village, presented a plaque to Robert Southall in recognition of his service on the North Palm Beach Country Club Advisory Board. Mayor Pierman, on behalf of the Village, presented a plaque from the Municipal Government Finance Officers Association in recognition of Finance Director, shaukat Khan's, work in receiving the Certificate of Achievement Award for Excellence in Financial Reporting. Mayor Pierman read Resolution Nos. 39-89 and 40-89, both resolutions of appreciation for Sgt. Robert "Chip" Mutz and PSO Gordon Lerner for their participation in assisting the victims of Hurricane Hugo. ' Councilman Moore moved that Resolution Nos. 39-89 and 40-89 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACKNOWLEDGING THE ACTIONS ABOVE AND BEYOND THE CALL OF DUTY OF SGT. ROBERT "CHIP" MUTZ, NORTH PALM BEACH DEPARTMENT OF PUBLIC SAFETY, VILLAGE OF NORTH PALM BEACH AND A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACKNOWLEDGING THE ACTIONS ABOVE AND BEYOND THS CALL OF DUTY OF PUBLIC SAFETY OFFICER GORDON LERNER, NORTH PALM BEACH DEPARTMENT OF PUBLIC SAFETY, VILLAGE OF NORTH PALM BEACH Minutes of Regular Session Held Thursday, December 14, 1989 Page 2 be adopted. The motion was seconded by President Pro Tem Marks and passed unanimously. Jim Tuller, Golf Professional, on behalf of the Village, presented a trophy to David Kunkel for his Hole-in-One at the North Palm ' Beach Country Club on November 11, 1989. David Runkel'score card and the information on his Hole-in-One will be hung on the wall in the Club's Pro Shop. ACCEPTANCE OF MINUTES The following minutes were accepted as written: Minutes of Regular Meeting of Country Club Advisory Board held October 17, 1989 Minutes of Library Advisory Board Meeting held October 24, 1989 Minutes of Police/Fire Pension Board Meeting held November 3, 1989 Minutes of Regular Meeting of Planning Commission held November 7, 1989 Minutes of Regular Meeting o£ Planning Commission held December 5, 1989 Minutes of Regular Meeting of Country Club Advisory Board held ' November 21, 1989 The following minutes were accepted as corrected: Minutes of Recreation Advisory Board Meeting held November 14, 1989 RECOMMENDATIONS OF ADVISORY BOARDS Councilman Moore moved to deny the recommendation of the Police/Fire Pension Board that the 3~ maximum COLA be raised to a 6% maximum for the four former employees retired under the old plan. Then, each year the Board would vote on what percentage, up to six, and according to the Consumer Price Index, to give the retirees for COLA. The motion was seconded by President Pro Tem Marks and passed unanimously. Councilman Moore moved to deny the recommendation of the Planning Commission that Sec. 43-31 b of the Village Code be amended as follows: Add the following permitted uses: 22. Furniture display store not to exceed 5,000 square feet of gross floor area. The off-street parking requirements are not to be changed. The motion was seconded by Vice Mayor Gardner and passed 3-2, with Mayor Pierman, Vice Mayor Gardner and Councilman Moore voting aye, and President Pro Tem Marks and Councilman Valente voting nay. ' President Pro Tem Marks moved to approve the recommendation of the Country Club Advisory Board that the request for the Santa Claus Open Junior Championship be approved. The motion was seconded by Councilman Valente and passed unanimously. President Pro Tem Marks moved to approve the recommendation of the Country Club Advisory Board to accept Mr. Bingham's offer to supply bag tags and sand containers for the Adopt-A-Hole Program. The motion was seconded by Councilman Valente and failed 0-4, with vice Mayor Gardner abstaining due to a possible conflict of interest. Vice Mayor Gardner's signed Memorandum of Voting Conflict for County, Municipal and other Local Public Officers is attached to the minutes of this meeting. Minutes of Regular Session Held Thursday, December 14, 1989 Page 3 ADVISORY BOARD RECOMMENDATIONS President Pro Tem Marks moved to approve the recommendation of the Country Club Advisory Board that .7im Tuller (Golf Pro) be given discretionary power to work out afternoon play and scheduling on ' Tuesday and Wednesday afternoons and other special event days, for a trial period. The motion was seconded by Councilman Valente and passed 4-1, with Mayor Pierman, Vice Mayor Gardner, President Pro Tem Marks and Councilman Valente voting aye and Councilman Moore voting nay. Vice Mayor Gardner moved to approve the recommendation of the Country Club Advisory Board that resident, non-members be allowed to apply for handicap service for $15.00 per annum. The motion was seconded by President Pro Tem Marks and passed unanimously. Councilman Moore moved to deny the recommendation of the Planning Commission concerning the voluntary annexation of the First Unitarian Church, 635 Prosperity Farms Road. The motion failed for lack of a second. Councilman Valente moved to approve the recommendation of the Planning Commission concerning the voluntary annexation of the First Unitarian Church, 635 Prosperity Farms Road. The motion was seconded by President Pro Tem Marks and passed 4-1, with Mayor Pierman, Vice Mayor Gardner, President Pro Tem Marks and Councilman Valente voting aye and Councilman Moore voting nay. BILL NO. 583 ADOPTED AS ORDINANCS NO. 26-89 ' Councilman Valente moved that Bill No. 583 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1989-90 BY APPROPRIATION TRANSFER FROM THE COUNCIL CONTINGENCY FOR VOLUNTEER LENGTH OF SERVICE AWARDS be placed on second reading and read by title alone. The motion was seconded by Vice Mayor Gardner and all present voted aye. Councilman Valente moved to adopt Bill No. 583 as Ordinance No. 26- 89. The motion was seconded by President Pro Tem Marks and all present voted aye. BILL NO. 584 ADOPTED AS ORDINANCE NO. 27-89 President Pro Tem Marks moved that Bill No. 584 entitled: AN ORDINANCE OE THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR FISCAL YEAR 1989-90 BY APPROPRIATION TRANSFER FROM THS CONTINGENCY RESERVE AND OTHER DEPARTMENTS TO THE GOLF SHOP DEPARTMENT FOR THE PERSONNEL CHANGES IN GOLF COURSE OPERATIONS ' be placed on second reading and read by title alone. The motion was seconded by Councilman Valente. President Pro Tem Marks moved to amend the motion as follows: under Contingency Reserve, change the amount from $14,090 to $18,584 Under Driving Range - Part-Time Pay, change the amount from $10,010 to $5,850 Under Driving Range - FICA, change the amount from $767 to $448 Minutes of Regular Session Held Thursday, December 14, 1989 Page 4 Under Driving Range, change Christmas Gifts from $30 to $15 The motion was seconded by Councilman Valente and passed 4-1, with Mayor Pierman, Vice Mayor Gardner, President Pro Tem Marks and Councilman Valente voting aye and Councilman Moore voting nay. ' Thereafter Council voted on the main motion, as amended, which passed 4-1, with Mayor Pierman, Vice Mayor Gardner, President Pro Tem Marks and Councilman Valente voting aye and Councilman Moore voting nay. President Pro Tem Marks moved that Bill No. 584 be adopted as Ordinance No. 27-89. The motion was seconded by Vice Mayor Gardner and passed 4-1, with Mayor Pierman, Vice Mayor Gardner, President Pro Tem Marks and Councilman Valente voting aye and Councilman Moore voting nay. BILL NO. 585 ADOPTED AS ORDINANCE NO. 28-89 Councilman Valente moved that Bill No. 585 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR FISCAL YBAR 1989-90 FOR LEASING TWENTY ADDITIONAL GOLF CARTS FOR THE GOLF COURSE be placed on second reading and read by title alone. The motion was seconded by Councilman Moore and passed 4-1, with Mayor Pierman, President Pro Tem Marks, Councilman Moore and Councilman Valente voting aye and Vice Mayor Gardner voting nay. ' President Pro Tem Marks moved that Bill No. 585 be adopted as ordinance No. 28-89. The motion was seconded by Councilman Moore and passed 4-1, with Mayor Pierman, President Pro Tem Marks, Councilman Moore and Councilman Valente voting aye and vice Mayor Gardner voting nay. RECESS The meeting was recessed at 9:35 p.m. and was reconvened at 9:50 p.m. APPOINTMENT OF DON ROSSI TO CC ADVISORY BOARD - RESOLUTION 41-89 Councilman Valente moved to postpone the appointment of a member to the Country Club Advisory Board until the Council's next meeting in order to inform people of a possible new ad hoc committee. The motion died for lack of a second. President Pro Tem Marks moved that we do not fill the vacancy on the Country Club Advisory Board at this time. The motion died for lack of a second. Mel Siegel, Sam Bookman, Norman Verdun and Don Rossi were nominated ' for appointment to the Country Club Advisory Board for a term ending May 1, 1991. After the ballots were counted, it was determined that Don Rossi was appointed to the Board for said term. A copy of the ballots are attached to the minutes of this meeting. Councilman Moore moved that Resolution No. 41-89 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBER TO THE COUNTRY CLUB ADVISORY BOARD OF THE VILLAGE OF NORTH PALM BEACH be adopted. The motion was seconded by President Pro Tem Marks and passed unanimously. Minutes of Regular Session Held Thursday, December 14, 1989 Page 5 RESOLUTION - SOUTHERN BELL FRANCHISE AGREEMENT TABLED President Pro Tem Marks moved that Resolution No. 42-89 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ' PALM BEACH, FLORIDA, AUTHORIZING A FRANCHISE BS ISSUED BY THE VILLAGE FOR SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY TO USS THE PUBLIC STREETS OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING RND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER, AND PROVIDING AN EFFECTIVE DATE be adopted. The motion was seconded by Councilman Moore. Councilman Moore moved to amend the motion as follows: That the Village demand back payment from Southern Bell before accepting or approving the Franchise Agreement and charge the same rate of interest that southern Bell charges its customers for late payments. The motion was seconded by President Pro Tem Marks. During the discussion, Vice Mayor Gardner moved to table the motion and the amendment until we receive a check from Southern Bell to satisfy the last year of the 30-year contract. The motion was seconded by President Pro Tem Marks and passed unanimously. RESOLUTION NO. 42-89 ADOPTED Councilman Valente moved that Resolution No. 42-89 entitled: ' A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO SIGN A UTILITY EASEMENT TO SEACOAST UTILITIES AUTHORITY be adopted. The motion was seconded by President Pro Tem Marks and passed 3-2, with Mayor Pierman, President Pro Tem Marks and Councilman Valente voting aye and Vice Mayor Gardner and Councilman Moore voting nay. EMPLOYMENT OF VILLAGE ATTORNEY President Pro Tem Marks moved to hire George W. Baldwin as the Village Attorney for the Village of North Palm Beach in accordance with his Agreement for legal services. The motion was seconded by Councilman Moore and passed unanimously. EMPLOYMENT OF DEPUTY VILLAGE CLERK The Village Council voted by ballot for the three prospective applicants for the position of Deputy village Clerk; namely, Kathleen Kelly, Dora Dragon and Vern Snyder. After the ballots were counted, it was determined that Kathleen Kelly was selected by Council to be Deputy Village Clerk. A copy of the ballots are attached to the minutes of this meeting. ' Councilman Moore moved to hire Kathleen Kelly as Deputy Village Clerk for the Village of North Palm Beach, effective immediately. The motion was seconded by Vice Mayor Gardner and passed unanimously. GRANT APPLICATION FOR LAND DEVELOPMENT REGULATIONS CONSULTING WORK Councilman Valente moved to accept the proposed grant application from the Department of Community Affairs for land development regulations consulting work. The motion was seconded by President Pro Tem Marks and all present voted aye. CONSULTANT SELECTION - LAND DEVELOPMENT REGS REVISION/UPDATE .- - 4 Minutes of Regular Session Held Thursday, December 14, 1989 Page 6 Councilman Moore moved to place the selection and contract with one of three final applicants for purposes of revising land development regulations in accordance with Rule 9J-24, FAC, and in accordance with the Village's Comprehensive Plan on the floor for discussion only. The motion was seconded by Councilman Valente. President Pro Tem Marks moved that we hire National Planning Partnership for purposes of revising land development regulations in accordance with Rule 9J-24, FAC, and in accordance with the Village's Comprehensive Plan. The motion was seconded by Councilman Valente and passed 3-2, with Mayor Pierman, President Pro Tem Marks and Councilman Valente voting aye and Vice Mayor Gardner and Councilman Moore voting nay. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:00 p.m. i u~tt f FORM 86 MEMORANDUM O F VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTH ER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAt,IE-NIDULE NAML• NAME (71° BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Gardner Jerry G. 'rHE BOARD. COU NC'1 L. COMMISSION, AUTHORITY', OR COMMITTEE ON \tAI LING r\UURFiSS WHICH 1 Sfi RVE IS A UNIT OF: 501 U. S. Highway #1, North Palm Beach, f=L ,crcY C'OUN'rY .: OTHER LOCAL AGENCY CITY C'OUN'TY NAMr: OI' POLI'CIC'AL SUBUI VISION: Palm Beach Count Village of North Palm Beach U:V'E ON \\'H I('H \'O'i'L O('CUR R€U ptY i'O51'1lON IS: ~rX ELECTIVE APPOIN"TINE 12/14/89 WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requiremenfs of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on \vhether you hold an elective or appointive position. For [his reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agen(y) by whom he is retained. In either case, you should disclose the conflict-. PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; asd V.'ITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other that) a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU.INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT N'HICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before n)aking any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of tl)e form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ~. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the Form and file it within 15 days after the vote occurs with the person responsible for recording [he minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, Jerry G. Gardner ,hereby disclose that on December 14, 1989 (a) A measure came or will come before my agency which (check one) -.inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: 19 by whom I am retained. An item on the agenda concerning the funding of an Adopt A Hole program by the North Palm Beach Community Action Association, of which I am an officer, presented a potential conflict of interest. Dec. 14 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARI', REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. 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