11-01-1990 VC REG-MMINUTES OF RECESSED REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, OCTOBER 25, 1990
RECONVENED THURSDAY, NOVEMBER 1, 1990
Present: V. A. Marks, M.D., Mayor
' Jerry G. Gardner, Vice Mayor
Judy M. Pierman, President Pro Tem
Manny Grinn, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Dolores R. Walker, Village Clerk
Absent:
Rt7T.T. C!AT.T.
Al Moore, Councilman
Mayor Marks reconvened the Recessed Regular Session of Thursday,
October 25, 1990 at 6:05 p.m. All members of the Council were
present except Councilman Moore, who is out of town. All members
of the staff were present.
BILL NO. 620 - HARBOUR POINT PUD (MILLING MARINA) - ADOPTED AS ORD.
38-90
When the Regular Session of October 25, 1990 was recessed the
following motions were on the floor:
Vice Mayor Gardner moved that Bill No. 620 be placed on second
reading and read by title alone. The motion was seconded by
' President Pro Tem Pierman.
Vice Mayor Gardner moved to amend the motion to accept Bill No. 620
with the exceptions as outlined in the letter from Mr. Larry Smith
to Council dated October 23, 1990. The motion was seconded by
President Pro Tem Pierman. During the discussion, the Village
Attorney asked that the following be added to the amendment: "in
addition to the amendment in Section 2, as outlined and agreed to
by the Village Council and appearing in Section 2, and the
amendment proposed by the developer's attorney which would appear
at the end of line 2 of Section 12." All present voted aye on the
amendment.
Thereafter Council voted on the main motion, as amended. The
motion passed 3-1, with Mayor Marks, Vice Mayor Gardner and
President Pro Tem Pierman voting aye and Councilman Grinn voting
nay.
Vice Mayor Gardner moved to adopt Bill No. 620 as Ordinance No. 38-
90. The motion was seconded by President Pro Tem Pierman and
passed 3-1, with Mayor Marks, Vice Mayor Gardner and President Pro
Tem Pierman voting aye and Councilman Grinn voting nay.
BUDGET TRANSFER - 20 MEGABYTE HARD DRIVE
' Councilman Grinn moved to transfer $344.00 from Council Contingency
(A5540-49991) to Village Manager Computer Hardware and Software
(A4902-66415) for purposes of purchasing a hard drive for Village
Manager's secretary's personal computer. The motion was seconded
by Vice Mayor Gardner and all present voted aye.
SURPLUS TABLES AND CHAIRS
President Pro Tem Pierman moved to declare various quantities of
tables and chairs from the Country Club restaurant as surplus
items. The motion was seconded by Councilman Grinn and all present
voted aye.
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POOL MANAGER CONTRACT
Vice Mayor Gardner moved to authorize the Mayor to sign the
Agreement for the Pool Manager's services for Fiscal Year 1990-91.
The motion was seconded by President Pro Tem Pierman.
Councilman Grinn moved to amend the motion as follows: That in
Sec. 3, GENERAL, we switch the present Section E to make that
' section D, and then where it says ("d") in that very last line,
make that an ("E"); and then move Sec. D and make that E and then
you won't have to have that last sentence; namely, "Said fee shall
be deducted from the amount specified in section 2 a." The motion
was seconded by Vice Mayor Gardner and passed 3-1, with Mayor
Marks, Vice Mayor Gardner and Councilman Grinn voting aye, and
President Pro Tem Pierman voting nay.
Councilman Grinn moved to amend the motion as follows: In the last
sentence of Sec. 3, F, remove "and good public relations used
wherever possible." The motion was seconded by Vice Mayor Gardner
and all present voted aye.
Councilman Grinn moved to amend the motion as follows: In Sec. 5,
CANCELLATION, change the ninety (90) days notice to sixty (60) days
notice. The motion was seconded by Vice Mayor Gardner and all
present voted aye.
Councilman Grinn moved to amend the motion as follows: In Sec. 6,
TERMINATION, after "or upon his failure to provide", insert " his
full time and then insert " personal" services to the VILLAGE on
behalf of RICHARD E. CAVANAH , INC. The motion was seconded by V ice
Mayor Gardner and failed 2-2, with Vice Mayor Gardner and
Councilman Grinn voting aye and Mayor Marks and President Pro Tem
Pierman voting nay.
Thereafter Council voted on
the main motion, as amended, and
all
present voted aye.
GOLF PRO CONTRACT
Vice Mayor Gardner moved to authorize the Mayor to sign the
Agreement for the Golf Pro's services for Fiscal Year 1990-91.
President Pro Tem Pierman seconded the motion but withdrew her
second when she was told the Agreement on the floor was the one
dated October 23, 1990 and not the Agreement that Mr. Tuller had
signed. Thereafter Councilman Grinn seconded Vice Mayor Gardner's
motion.
Councilman Grinn moved that D. Additional Lessee Personnel, should
read "Tuller shall employ at his own expense any and all employees
necessary to effectively carry out the activities enumerated in
Section 2 of this Agreement. He shall be the employer of all such
employees and shall pay them their salaries, all Old Age Benefits
and Unemployment Taxes, both Federal and State, and all insurance
coverage which is required in connection herewith, as well as other
employee benefits. Assistant Pros shall be hired by TULLER and
TULLER shall advise the Village Manager in writing, and they will
be placed in the budget."
' RECESS
The meeting was recessed at 7:05 p.m. and was reconvened at 8:01
p.m.
Council continued with the motion that was on the floor when the
meeting was recessed. After further discussion, Councilman Grinn
moved as follows: in D. Additional Lessee Personnel, remove "Except
for those positions enumerated in the VILLAGE Annual Budget, and
remove the last sentence. Mayor Marks passed the gavel to Vice
Mayor Gardner and seconded the motion, and all present voted aye.
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Vice Mayor Gardner returned the gavel to Mayor Marks.
councilman Grinn moved to amend the motion as follows: In 4.
INSURANCE, Put a period after the word "occurrence," and add "The
Village shall be named insured and a copy of the valid insurance
certificate shall be filed with the Village Clerk at all times."
The motion was seconded by Vice Mayor Gardner and all present voted
aye.
t Councilman Grinn moved to amend the motion as follows: In 11.
TERMINATION, Change Paragraph 9 to Paragraph 10, and to further
amend the motion as follows: after the word "terminate" add.
1. Upon the death or disability of James C. Tuller, and
2. Failure of Tuller to meet any obligation imposed by terms
and conditions of the Agreement.
The motion was seconded by Vice Mayor Gardner and all present voted
aye.
President Pro Tem Pierman moved to amend the motion as follows: to
delete in Section 2 A. Golf Shop, the following: Said merchandise
and materials are to be purchased and sold by TULLER or his hired
help and not by employees employed by the VILLAGE. The motion was
seconded by Vice Mayor Gardner and all present voted aye.
President Pro Tem Pierman moved to amend the motion as follows: In
Section 2 C. Bag Storage, change the two underlined areas as
follows: Change "employing" to "supervising" all personnel and to
eliminate "at his own expense." The motion was seconded by Vice
Mayor Gardner and all present voted aye.
' President Pro Tem Pierman moved to amend the motion as follows: In
10. CANCELLATION, change ninety (90) days to sixty (60 days), and
after the word "stock" delete the "and." The motion was seconded
by Councilman Grinn and all present voted aye.
Thereafter Council voted on the main motion, as amended, and all
present voted aye.
ADJOURNMENT
There being no further business to come before the Council, the
meeting was adjourned at 8:20 p.m.
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CMC, Village
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