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02-23-1989 VC REG-M1 1 MINUTES OF REGULAR SESSION Of THE VILLAGE COUNCIL OF NORTH PALPi BEACH, FLORIDA HELD THURSDAY, FEBRUARY 23, 1989 Present: Craig Mundt, Mayor Judy Pierman, Uice Mayor Tom Valente, President Pro Tem Jerry G. Gardner, Councilman V.A. Marks, M.D., Councilman Charles R. O'Meilia, Acting Village Manager Herbert L. Gildan, Village Attorney Dolores R. Walker, Village Clerk Mayor Mundt called the Regular Session to order at 7:30 p.m. All members of the Council and the staff were present. Councilman Gardner gave the invocation and Vice Mayor Pierman led the Council and the public in the Pledge of Allegiance to the Flag. The following minutes were approved as written: Minutes of Regular Session held Thursday, February 9, 1989 Minutes of Special Session held Thursday, February 16, 1989 Mayor Mundt, on behalf of the Village Council, read a resolution for Raymond J. Howland which was signed by each member of Council and presented to Ray later in the evening. The following minutes were accepted as written: Minutes of Board of Adjustment Meeting held November 15, 1988 Minutes of Library Advisory Board Meeting held January 24, 1989 Minutes of Meeting of General Employees Pension Board held February 3, 1989 Minutes of Code Enforcement Board Meeting held February 6, 1989 Councilman Marks moved that Bill No. 564 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR FISCAL YEAR 1988-89 BY APPROPRIATION TRANSFER FROM THE CONTINGENCY RESERVE FOR THE GOLF COURSE RENOVATION be placed on first reading and read in total. The motion was seconded by President Pro Tem Valente and passed unanimously. ROLL CALL INVOCATION & PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES RESOLUTION - RAY HOWLAND ACCEPTANCE OF MINUTES BILL 564 PLACED ON FIRST READING & READ IN TOTAL President Pro Tem Valente moved that Bill No. 564 be placed on BILL 564 PLACED second reading and read by title alone. The motion was seconded ON SECOND READING by Councilman Marks and passed unanimously. & READ BY TITLE ALONE President Pro Tem Valente moved that Bill No. 564 be adopted as Ordinance No. 7-89. The motion was seconded by Councilman Gardner. MOTION TO ADOPT BILL 564 AS ORD. 7-89 Minutes of Regular Session Held Thursday, August 23, 1989 - -:-- Page 2 During the discussion Harriet Nolan, a member of the public, said COMMENTS FROM that she did not hear Council state what the emegency was for PUBLIC passage of this ordinance tonight. The Council asked the Village Attorney if there was sufficient VILLAGE reason for an emergency ordinance and after P1ayor Mundt explained ATTORNEY'S that the bid must be awarded tonight; that we are on a very OPINION tight time schedule; and that if delay were to become excessive, ' the golf course renovation project may not be finished in time to open October 1st, Mr. Gildan opined that there was in fact an emergency and that the ordinance should be passed on an emergency basis tonight. Al Moore, a member of the public, said that as he understood it, COMMENTS the motion was made to place Bill 564 on first reading to be read FROM in total; to place it on second reading to be read by title PUBLIC alone; and neither of those times did Council state what the emergency was. Therefore, he did not feel that Council was correct. Council then agreed to do the motions over again. The reason for the emergency ordinance is to move the money from REASON FOR the Golf Course Contingency Reserve Account to the construction EMERGENCY account, so that the bid for golf course renovation can be ORDINANCE awarded tonight so as to meet the schedule necessary to ensure that the work on the golf course will start on April 3rd and be completed by November 1st. President Pro Tem Valente moved that Bill No. 564 be placed on BILL 564 PLACED second reading and read by title alohe. The motion was seconded ON SECOND READING by Councilman Gardner and passed unanimously. & READ BY TITLE ' ALONE Councilman Marks moved that Bill No. 564 be adopted as Ordinance BILL 564 No. 7-89. The motion was seconded by President Pro Tem Valente ADOPTED AS and passed unanimously. ORD. 7-89 President Pro Tem Valente moved that Resolution No. 8-89 MOTION TO ADOPT entitled: RES. 8-89 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF KENOVA CONSTRUCTION CORPORATION FOR NORTH PALM BEACH COUNTRY CLUB'S GOLF COURSE RENOVATION IN THE AMOUNT OF $962,207.00 TO BE EXPENDED FROM ACCOUNT N0. 41-572-111-66510 be adopted. The motion was seconded by Councilman Marks. Councilman Gardner moved to amend the motion by adding $1,800.00 MOTION for concrete cart paths rather than asphalt. The motion was AMENDED seconded by Councilman Marks and passed unanimously. Thereafter Council voted on the main motion, as amended, which MAIN MOTION passed unanimously. PASSED 5-0 Councilman Gardner moved that Resolution No. 9-89 entitled: RES. 9-89 ADOPTED A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO SIGN A RIGHT-OF-WAY EASEMENT TO FLORIDA PUBLIC -- UTILITIES COMPANY be adopted. The motion was seconded by Councilman Marks and passed unanimously. Minutes of Regular Session Held Thursday, February 23, 1989 Page 3 Councilman Gardner moved that Resolution No. 10-89 entitled: RES. 10-89 ADOPTED A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AMENDING RESOLUTION N0. 38-88 BY CHANGING THE MASTER LEASE FROM A 1988 "QUALIFIED TAX-EXEMPT OBLIGATION" TO A 1989 "QUALIFIED TAX-EXEMPT OBLIGATION" ' be adopted. The motion was seconded by President Pro Tem Valente and passed unanimously. Vice Mayor Pierman moved to deny the request of the Department of MOTION TO Natural Resources for a 2-year extension of the zoning exception DENY REQUEST OF allowing trailers with septic tanks at MacArthur Beach State DNR - MacARTHUR Park. Mayor Mundt passed the gavel to President Pro Tem Valente BEACH STATE PARK and seconded the motion. Councilman Marks moved to table the subject under consideration MOTION TO for sixty days. The motion was seconded by Councilman Gardner TABLE FAILED and failed 2-3, with Councilman Marks and Councilman Gardner voting aye, and Mayor Mundt, Vice Mayor Pierman and President Pro Tem Valente voting nay. Thereafter Council voted on the motion to deny the request of the MOTION TO DENY Department of Natural Resources for a 2-year extension of the REQUEST OF DNR zoning exception allowing trailers with septic tanks at MacArthur PASSED 4-1 Beach State Park. The motion passed 4-1, with Councilman Marks voting nay. Mayor Mundt moved to extend the period of time under which they PERIOD OF TIME (Department of Natural Resources) are operating for six months. FOR DNR EXTENDED The motion was seconded by Vice Mayor Pierman and passed 3-2 with 6 MONTHS Mayor Mundt, Vice Mayor Pierman and President Pro Tem Valente voting aye, and Councilman Marks and Councilman Gardner voting nay. President Pro Tem Valente returned the gavel to Mayor Mundt. Councilman Marks moved to appoint Mr. Charles O'Meilia Acting Village Manager from February 23, 1989 to March 13, 1989. The motion was seconded by Councilman Gardner and passed unanimously. President Pro Tem Valente moved to approve a membership for Ray Howland at the North Palm Beach Country Club. The motion was seconded by Uice Mayor Pierman. During the discussion, Vice Mayor Pierman withdrew her second and President Pro Tem Valente withdrew his motion. President Pro Tem Valente moved to approve a tennis and pool membership for Ray Howland for a period of three years. The motion was seconded by Councilman Marks and passed unanimously. There being no further business to come before the Council, the meeting was adjourned at 8:56 p.m. Do ores R. al e~r,'L~i1Ta9e~ e~ C. R. O'MEILIA APPOINTED ACTING VILLAGE MANAGER MOTION WITHDRAWN POOL & TENNIS MEMBERSHIP FOR RAY HOWLAND ADJOURNMENT