04-12-1990 VC REG-MMINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD
THURSDAY, APRIL 12, 1990
Present: V. A. Marks, M.D., Mayor
Jerry G. Gardner, Vice Mayor
Judy M. Pierman, President Pro Tem
' Manny Grinn, Councilman
Al Moore, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Dolores R. Walker, Village Clerk
ROLL CALL
Mayor Marks 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 Marks 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 Minutes of Regular Session held Thursday, March 22, 1990 were
approved as written.
DONATION TO "PROJECT GRADUATION" BY VILLAGE
Mr. & Mrs. Woody Hayes and three students from Palm Beach Gardens
' High School appeared before the Council to request a donation for
"Project Graduation." After discussion between the representatives
from Palm Beach Gardens High School and the Village Council,
President Pro Tem Pierman moved to donate $300.00 to "Project
Graduation", the money to be expended from Special Events Expense
Account No. A8229-34932 (Public Events). The motion was seconded
by Vice Mayor Gardner and passed 3-2, with Mayor Marks, Vice Mayor
Gardner and President Pro Tem Pierman voting aye and Councilman
Moore and Councilman Grinn voting nay.
RESOLUTION CONCERNING COUNCIL RULES AND REGULATIONS
Councilman Grinn moved to adopt the following resolution:
"WHEREAS, Article III, section 9(b) of the Village of North
Palm Beach Florida Charter states, "The Council shall
determine its own rules and order of business, and
WHEREAS, Section 2-27 of the Village of North Palm Beach
Florida Code of Ordinances states "the presiding officer, when
Council is in session, shall enforce parliamentary rules for
its government so far as they are applicable to such
legislative body,"
NOW, THEREFORE, BE IT RESOLVED BY THS VILLAGE COUNCIL OF NORTH
' PALM BEACH, FLORIDA:
Section 1. That, unless superseded by Federal or State Law,
The Council of the Village of North Palm Beach, Florida shall
derive the parliamentary rules of the Council's government
from "Robert's Rules of Order" and that the Council of the
Village of North Palm Beach, Florida shall adopt "Robert's
Rules of Order" as its own rules and order of business.
section 2. That an ordinance amending section 2-27 of the
Village Code to incorporate above said language shall be
promulgated to be included expeditiously in the Code.
Minutes of Regular Session
Held Thursday, April 12, 1990
Page 2
Section 3. That this resolution shall take effect immediately
upon passage."
The above motion was not seconded, but it was the consensus of
Council that this resolution would be placed on the workshop
session agenda of April 26, 1990.
' SPECIAL WORKSHOP MfifiTING - WEDNESDAY, APRIL 18, 1990
Mayor Marks informed Council that he would like to have a special
workshop meeting on April 18, 1990, either before the Council meets
with prospective applicants or afterwards, to discuss potential
projects and capital improvements that might be needed in the
Village for Fiscal Year 1990-91.
Councilman Grinn moved to schedule a Special Workshop Meeting at
6:30 p.m. on Wednesday, April 18, 1990, in the conference room of
Village Hall for the purpose of discussing potential projects and
capital improvements that might be needed in the Village for Fiscal
Year 1990-91. The motion was seconded by Vice Mayor Gardner and
all present voted aye.
PRESIDENT PRO TEM PISRMAN TO CONTINUE AS VILLAGE'S REP FOR PALM
BEACH COUNTY MUNICIPAL LEAGUE AND NAMAC
It was the consensus of Council that President Pro Tem Pierman
continue to represent the Village on the Palm Beach County
Municipal League and the Northern Area Mutual Aid Consortium
(NAMAC).
' ACCEPTANCE OF MINUTES
The Minutes of Library Advisory Board Meeting held February 27,
1990 were accepted as corrected.
Councilman Grinn moved that the Minutes of Regular Meeting of
Planning Commission held March 6, 1990 not be accepted. The motion
was seconded by Councilman Moore for discussion. The motion failed
2-3, with Councilman Moore and Councilman Grinn voting aye, and
Mayor Marks, Vice Mayor Gardner and President Pro Tem Pierman
voting nay.
President Pro Tem Pierman moved to accept the Minutes of Regular
Meeting of Planning Commission held March 6, 1990 as corrected.
The motion was seconded by Vice Mayor Gardner and passed 4-1, with
Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and
Councilman Moore voting aye and Councilman Grinn voting nay.
President Pro Tem Pierman moved to send the Minutes of Regular
Meeting of Planning Commission held April 3, 1990 back for
clarification and correction. The motion was seconded by
Councilman Grinn. The Mayor decided the motion was out of order.
During the discussion Councilman Moore stated that the minutes
could not be sent back for clarification and correction until they
' had been accepted.
President Pro Tem Pierman then moved to accept the Minutes of
Regular Meeting of Planning Commission held April 3, 1990 and to
send them back for clarification and correction. The motion was
seconded by Councilman Moore.
Councilman Grinn moved to reject the Minutes of Regular Meeting of
Planning Commission held April 3, 1990. The motion died for lack
of a second.
Councilman Moore moved to table the Minutes of Regular Meeting of
Planning Commission held April 3, 1990 until it is clarified as to
Minutes of Regular Session
Held Thursday, April 12, 1990
Page 3
what everyone wants to do with them. The motion was seconded by
Vice Mayor Gardner and all present voted aye.
The Minutes of Regular Meeting of Country Club Advisory Board held
March 20, 1990 were accepted.
' RSCOMMSNDATIONS OF ADVISORY BOARDS
President Pro Tem Pierman moved to accept the recommendation of the
Country Club Advisory Board that Council not approve the Pratt &
Whitney Twilight League. The motion was seconded by Vice Mayor
Gardner and passed 4-1, with Mayor Marks, Vice Mayor Gardner,
President Pro Tem Pierman and Councilman Grinn voting aye and
Councilman Moore voting nay.
Councilman Moore moved to deny the recommendation of the Country
Club Advisory Board that a Sunday Mixed Svent be reinstated from
April to September 30. The tournament is to be run every fourth
Sunday of the month in a time block from 8:30-10:30 with remaining
tee times available for normal play. Carts will be required. Open
to members and/or Village residents. The motion died for lack of
a second.
Vice Mayor Gardner moved to accept the above recommendation. Mayor
Marks passed the gavel to President Pro Tem Pierman and seconded
the motion. The motion passed 4-1, with Mayor Marks, Vice Mayor
Gardner, President Pro Tem Pierman and Councilman Grinn voting aye
and Councilman Moore voting nay.
President Pro Tem Pierman returned the gavel to Mayor Marks.
President Pro Tem Pierman moved to accept the recommendation of the
Country Club Advisory Board that the requests for league play from
Pratt & Whitney Golf/SUTW; WTC; Pratt & Whitney Retirees Club;
United Technology; Optical Systems; Solitron Devices, Inc.; and
Perry Technologies be denied. Mayor Marks passed the gavel to Vice
Mayor Gardner and seconded the motion. The motion failed 2-3, with
Mayor Marks and President Pro Tem Pierman voting aye, and Vice
Mayor Gardner, Councilman Moore and Councilman Grinn voting nay.
Vice Mayor Gardner returned the gavel to Mayor Marks.
Councilman Moore moved to deny the recommendation of the Country
Club Advisory Board that Howell Watkins Middle School Golf Team be
allowed their training and match events at the North Palm Beach
Country Club from September to mid-October, without fees except a
flat fee for range balls of approximately $100.00. The motion died
for lack of a second.
President Pro Tem Pierman moved to accept the above recommendation.
The motion was seconded by Councilman Grinn and passed 4-1, with
Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and
Councilman Grinn voting aye and Councilman Moore voting nay.
Councilman Grinn moved to accept the recommendation of the Country
' Club Advisory Board that Council approve the tournament for the
Palm Beach County Crime Prevention Officers' Association for July
12, 1990. Play will be limited to 144 players and electric carts
will be utilized to the maximum extent_ Players will pay the usual
greens fees and cart fees. Lunches will be purchased from the NPB
Country Club restaurant and prizes will be purchased in the NPB Pro
Shop. Amounts and costs of lunch and prizes to be negotiated. The
motion was seconded by President Pro Tem Pierman and passed 4-1,
with Mayor Marks, Vice Mayor Gardner, President Pro Tem Pierman and
Councilman Grinn voting aye and Councilman Moore voting nay.
Items 8 b, 1, 2 and 3 (the recommendations from Regular Meeting of
Planning Commission held April 3, 1990) were not acted upon by
Minutes of Regular Session
Held April 12, 1990
Page 4
Council because the minutes of that meeting were tabled until it is
clarified as to what everyone wants to do with them.
RECESS
The meeting was recessed at 8:50 p.m. and was reconvened at 9:00
' p.m.
PAYMENT OF CLAIM - ROSE C. WILLS
Vice Mayor Gardner moved that we pay the claim of Rose C. Wills
which arose from an errant golf ball from the North Palm Beach
Country Club hitting and damaging the hood of her car. The motion
was seconded by Councilman Grinn for discussion. The motion passed
4-1, with Mayor Marks, Vice Mayor Gardner, President Pro Tem
Pierman and Councilman Grinn voting aye and Councilman Moore voting
nay.
SETTLEMENT OF DISABILITY CLAIM - JOSEPH ATKINSON
Councilman Moore moved to ratify the settlement stipulation in the
Joseph Atkinson's disability claim against the Village. The motion
was seconded by Vice Mayor Gardner and all present voted aye.
GLADWIN y. VILLAGE OF NORTH PALM BEACH
Councilman Moore moved to hire an attorney to satisfy the case of
Gladwin v. the Village of North Palm Beach. The motion was
seconded by Councilman Grinn and all present voted aye.
' BILL 594 PLACED ON SECOND READING & ADOPTED AS ORDINANCE 7-90
Councilman Moore moved that Bill No. 594 entitled:
AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA
AMENDING CHAPTER 17 OF THE VILLAGE OF NORTH PALM BEACH CODB,
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS, TO DELETE THE
REQUIREMENT FOR AN OCCUPATIONAL LICENSE FOR A CHILDREN'S
NURSING HOME AND TO CREATE AN OCCUPATIONAL LICENSE FOR A
FAMILY DAY CARS HOME
be placed on second reading and read by title alone. The motion
was seconded by Vice Mayor Gardner and all present voted aye.
Councilman Moore moved that Bill No. 594 be adopted as Ordinance
No. 7-90. The motion was seconded by Vice Mayor Gardner and all
present voted aye.
BILL 595 PLACED ON SECOND READING & ADOPTED AS ORDINANCE NO. 8-90
President Pro Tem Pierman moved that Bill No. 595 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING ARTICLE VI, CODE ENFORCEMENT BOARD, OF CHAPTER 2 OF
THE CODE OF ORDINANCES OF THE VILLAGE IN ORDER TO BRING SAID
' ARTICLE VI IN COMPLIANCE WITH CHAPTER 162 OF THE FLORIDA
STATUTES; PROVIDING FOR THS REPEAL OF ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE
be placed on second reading and read by title alone. The motion
was seconded by Vice Mayor Gardner and passed 3-2, with Mayor
Marks, Vice Mayor Gardner and President Pro Tem Pierman voting aye
and Councilman Moore and Councilman Grinn voting nay.
President Pro Tem Pierman moved that Bill No. 595 be adopted as
Ordinance No. 8-90. The motion was seconded by Vice Mayor Gardner
and passed 3-2, with Mayor Marks, Vice Mayor Gardner and President
Minutes of Regular Session
Held Thursday, April 12, 1990
Paqe 5
Pro Tem Pierman voting aye and Councilman Moore and Councilman
Grinn voting nay.
RESOLUTION 9-90 ADOPTED AS AMENDED
Vice Mayor Gardner moved that Resolution No. 9-90 entitled:
' A RESOLUTION ADOPTED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, URGING THE FLORIDA CITIZENS TO SUPPORT THE
CONSTITUTIONAL AMENDMENT #3 ON THE NOVEMBER 1990 BALLOT
LIMITING UNFUNDED STATE MANDATES ON CITIES AND COUNTIES
be adopted. The motion was seconded by President Pro Tem Pierman.
Councilman Grinn moved to amend Resolution No. 9-90 by deleting the
fifth "whereas." The motion was seconded by Vice Mayor Gardner and
all present voted aye.
Thereafter Council voted on the main motion, as amended, and all
present voted aye.
RESOLUTION MOVED FROM REGULAR SESSION TO A WORKSHOP SESSION
Councilman Moore moved that the following resolution:
A RESOLUTION ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ESTABLISHING MEMBERSHIP
REGISTRATION GUIDELINES FOR FISCAL YEAR 1990-91; ESTABLISHING
A GOOD FAITH DEPOSIT FOR REGISTRATION AND DETERMINING A
TIMETABLE FOR TAKING APPLICATIONS
' be moved to a workshop session. The motion was seconded by
President Pro Tem Pierman and passed 4-1, with Mayor Marks, Vice
Mayor Gardner, President Pro Tem Pierman and Councilman Moore
voting aye and Councilman Grinn voting nay.
AUDITOR FINAL PAYMENT REQUEST FOR PROPOSALS
Councilman Moore moved to authorize release of final payment in the
amount of $3,800.00 to Ernst & Young; and authorization to issue
Request for Proposals for auditing services. The motion was
seconded by President Pro Tem Pierman.
Councilman Moore moved to table the final payment of $3,800.00 to
the auditor until the Village Attorney receives a response to his
letter of March 22, 1990 addressed to Dennis Kelly (copy of which
was sent to Ernst & Young) concerning this payment. The motion was
seconded by Vice Mayor Gardner and all present voted aye.
Councilman Moore moved to authorize the Village Manager to issue
Request for Proposals for auditing services. The motion was
seconded by Vice Mayor Gardner and all present voted aye.
There being no further business to come before the Council, the
meeting was adjourned at 10:15 p.m.
C/ ~-/ A-P-a tam ~~1'//~+ [ G.~i~ (.. /~!
Dolores R. Walker, CMC, Village Clerk